2017 Ord No. 536 - 549CITY OF SHOREWOOD
ORDINANCE NO. 536
AN ORDINANCE TITLED
"LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES"
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows:
CITY OF SHOREWOOD
LICENSE, PERMIT, SERVICE CHARGES
AND MISCELLANEOUS FEES
Section 1. Change the Sanitary Sewer and Stormwater Management Utility Rates as follows:
III. Utility Rates
Sewer
City Code
Type o Charge/Fee
Reference
Existing Fee
New Fee
Sanitary Sewer
904.15.1 a
Residential:
Residential:
Service
$75.04 /qtr/ sewer only
$77.29/qtr/ sewer only
$50.03 /qtr/ low income sewer only
$51.53 /qtr/ low income sewer only
Commercial:
Commercial:
$8.50 Base $1.96/1,000 gallons
$8.75 Base $2.02/1,000 gallons
Stormwater Management
Stormwater
905.03
$15.25 /qtr: lots less than 10,000 sq.ft.
$18.30 /qtr: lots less than 10,000 sq.ft.
Management Utility
$21.77 /qtr: lots 10,000 - 50,000 sq. ft
$26.13 /qtr: lots 10,000- 50,000 sq. ft
$28.34/gtr: lots 50,000 plus sq. ft
$34.01 /qtr: lots 50,000 plus sq. ft
Section 2. This ordinance is effective for billings beginning in April, 2017 and upon publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota
this 9th day of January, 2017.
ATTEST:
J n Panchyshyn, City Clerk
Scott eer
b "ay
CITY OF SHOREWOOD
ORDINANCE NO. 537
AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2.
OF THE SHOREWOOD ZONING CODE —THE SHOREWOOD ZONING MAP
Section 1. Section I201.09 Subd. 2. of the Shorewood City Code is hereby
amended to include the property described in Exhibit A, attached hereto and made a part
hereof, in the R -IC, Single - Family Residential zoning district.
Section 2. That the Zoning Administrator is hereby authorized to revise the
Zoning Map ofthe City of Shorewood to include the property in the R -IC, Single - Family
Residential zoning district.
Section 3. That this Ordinance shall be in full force and effect upon publishing in
the Official Newspapers of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd
day of January 20I7.
Scott r y, Mayo
ATTEST:
�t v _ (rte
Jean Panchyshyn, City Clerk
24725 Smithtown Road / P.I.D. No. 33- 117 -23 -13 -0016
"Lot 46 and commencing at Southeast corner of Lot 46; thence South along East line of Lot 44 to
a point 215.86 feet North of Southeast corner thereof; thence West parallel with South line of Lot
44 a distance of 97 feet; thence North parallel with East line of Lots 44 and 46 to North line of
Lot 44; thence Northeasterly to Northwest corner of Lot 46; thence South to Southwest corner
thereof, thence East to beginning."
24785 Smithtown Road / P.I.D. No. 33- 117 -23 -13 -0015
"That part of Lot 44, Auditor's Subdivision Number 133, Hennepin County, Minnesota
described as follows: Commencing at a point on the West line of said Lot 44, 215.86 feet North
of the Southwest corner of said Lot; thence East and parallel with the South line of said Lot to a
point 97 feet West from the Easterly line of said Lot; thence North and parallel with the East line
of said Lots 44 and 46 to the Northerly line of said Lot 44; thence Southwesterly along the
Northerly line of said Lot to the Northwest corner of said Lot; thence South along the West line
of said Lot to the place of beginning EXCEPT that part thereof lying Southerly of a line running
from a point on the West line of the above described tract distant 75 feet North of the Southwest
corner thereof, to a point on the East line thereof, distant 100 feet North of the Southeast corner
thereof."
24800 Smithtown Road / 33- 117 -23 -24 -0007
"That part of Lot 20 lying West of a line running from a point in the North line of the Southwest
quarter of the Northeast quarter a distance of 23.2 feet East of the Northwest corner thereof to a
point North 81 degrees 40 minutes East 20.7 feet from the intersection of the centerline of
Smithtown Road with the North and South centerline of Section 33 Township 117 Range 23."
24845 Smithtown Road / P.I.D. No. 33- 117 -23 -24 -032
"That part of the East 235.09 feet of Lot 39, Auditor's Subdivision Number 133, Hennepin
County, Minnesota, lying North of a line parallel with and 159.15 feet North of the South line of
said Lot 39."
24905 Smithtown Road / P.I.D. No. 33- 117 -23 -24 -0009
"Commencing at a point on the South line of Lot 39, a distance 256.5 feet East from the
Southwest corner thereof, thence East 160.75 feet; thence North parallel with the West line of
said Lot to the Southerly line of Smithtown Road; thence Southwesterly along said Road to a
point therein, distance 211.65 feet Northeasterly from the Northwesterly corner thereof; thence
Southeasterly to beginning."
24945 -85 Smithtown Road / P.I.D. No. 33- 117 -23 -24 -0010
"Commencing at a point in the Southerly line of Smithtown Road distance 105 feet Easterly
from the West line of Lot 39; thence Easterly along said Southerly line a distance of 106.65 feet;
thence Southerly to a point in the South line of said Lot, distance 256.5 feet East of the
Southwest corner of said Lot; thence West 131.5 feet along the South line of said Lot; thence
Northerly to beginning."
25005 Smithtown Road / P.I.D. No. 33- 11723 -24 -0011
"That part of Lot 39, Auditor's Subdivision Number 133, Hennepin County, Minnesota,
described as follows: Beginning at the Southwest corner of said Lot; thence North along the
West line of said Lot to the Southerly line of Smithtown Road; thence Easterly along said
Southerly line a distance of 105 feet; thence Southeasterly to a point in the South line of said Lot
distant 125 feet East of said Southwest corner; thence West along said South line to the point of
beginning."
25015 Smithtown Road / P.I.D. No. 33- 117 -23 -24 -0012
"That part of Lot 38, Auditor's Subdivision No. 133, Hennepin County, Minnesota described as
follows: Commencing at the Southeast corner of said Lot 38; thence Northerly along the
Easterly line thereof, a distance of 335 feet to the actual point of beginning of the land to be
described; thence deflect to the left 90 degrees 00 minutes a distance of 170 feet; thence deflect
to the right 90 degrees 00 minutes 00 seconds and parallel with the Easterly line of said Lot 38 a
distance of 303.8 feet, more or less, to the Southerly right of way of Smithtown Road; thence
Easterly along said Southerly right of way line a distance of 170.13 feet, more or less, to the
Easterly line of said Lot 38; thence Southerly along said Easterly line a distance of 302.63 feet,
more or less, to the point of beginning."
5765 Club Lane / 33- 117 -23 -13 -0013
"Commencing at a point in the West line of Lot 44 distant 146.86 feet North from the Southwest
corner thereof; thence East parallel with the South line to the East line of said Lot; thence North
69 feet; thence West 97 feet; thence North 100 feet; thence Westerly to a point in the West line
of said Lot distant 144 feet North from the beginning; thence South to beginning."
5810 Club Lane / P.I.D. No. 33- 117 -23 -24 -0033
"That part of Lot 40 lying East of the West 478.75 feet thereof. Also the South 159.15 feet of
the following described parcel: All that part of Lot 39, Auditor's Subdivision No. 133 as follows:
Beginning at the Southeast corner of said Lot; thence West along the South line thereof to a point
417.25 feet East from the Southwest corner thereof to a point 417.25 feet East from the
Southwest corner thereof, thence North parallel with the West line of said Lot 39 to the
Southerly line of Smithtown Road; thence Easterly along said Southerly line to the Northeast
corner of said Lot; thence South along the East line to beginning, except Road."
5815 Club Lane / P.I.D. No. 33- 117 -23 -42 -0001
"Lot 45, Auditor's Subdivision No. 133, Hennepin County, Minnesota."
5830 Club Lane / P.I.D. No. 33- 117 -23 -31 -0001
"The Northerly 110 feet of the Easterly 198 feet of Lot 41, Auditor's Subdivision No. 133,
Hennepin County, Minnesota."
M
r'._ ,. � 01 `..
ORDINANCE NO. 538
AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE
RESTRICTING THE RESIDENCY OF CONVICTED SEX OFFENDERS IN THE
CITY OF SHOREWOOD
Section 1. Title 500 (PUBLIC HEALTH) of the Shorewood City Code is hereby
amended to add;
"CHAPTER 506
SEXUAL OFFENDERS AND SEXUAL PREDATORS
506.01 Findings and Intent
506.02 Definitions
506.03 Residence Prohibition; Penalties; Exceptions
506.04 Renting Real Property; Penalties
506.05 Severability
506.01 FINDINGS AND INTENT.
Subd. 1 Findings. Repeat sexual offenders, sexual offenders who use physical
violence, and sexual offenders who prey on children are sexual predators
who present an extreme threat to the public safety. Sexual offenders are
extremely likely to use physical violence and to repeat their offenses, and
most sexual offenders commit many offenses, have many more victims than
are ever reported, and are prosecuted for only a fraction of their crimes.
This makes the cost of sexual offender victimization to society at large,
while incalculable, clearly exorbitant.
Subd. 2. Intent. It is the intent of this chapter to serve the City's compelling interest
to promote, protect and improve the health, safety and welfare of the
citizens of the city by creating areas around locations where children
regularly congregate wherein certain sexual offenders and sexual predators
are prohibited from establishing temporary or permanent residence.
506.02 DEFINITIONS.
For purposes of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
DESIGNATED OFFENDER. Any person who has been convicted of a designated
sexual offense, regardless of whether adjudication has been withheld, in which the
victim of the offense was less than sixteen (16) years of age, or has been
categorized as a level III sex offender under Minnesota statutes section 244.052 or
successor statute.
DESIGNATED SEXUAL OFFENSE. A conviction, adjudication of delinquency,
commitment under Minnesota statutes chapter 25313, or admission of guilt under
oath without adjudication involving any of the following offenses:
Minnesota statutes sections: 609.342; 609.343; 609.344; 609.345; 609.352;
609.365; 617.23; 617.246; 617.247; 617.293; successor statutes; or a similar offense
from another state.
PERMANENT RESIDENCE. A place where the person abides, lodges, or resides
for fourteen (14) or more consecutive days.
TEMPORARY RESIDENCE. A place where the person abides, lodges, or resides
for a period of fourteen (14) or more days in the aggregate during any calendar year
and which is not the person's permanent address, or a place where the person
routinely abides, lodges, or resides for a period of four (4) or more consecutive or
nonconsecutive days in any month and which is not the person's permanent
residence.
506.03 RESIDENCE PROHIBITION; PENALTIES; EXCEPTIONS.
Subd. 1. Prohibited Location O, f Residence: It is unlawful for any designated
offender to establish a permanent residence or temporary residence: 1)
within one thousand feet (1,000') of any school, licensed daycare center,
park, playground, or public school bus stop; or 2) within one thousand feet
(1,000') of any place of worship which provides regular educational
programs (i.e., Sunday school), or other places where children are known to
congregate.
Subd. 2. Prohibited Activity: It is unlawful for any designated offender to participate
in a holiday event involving children under eighteen (18) years of age, such
as distributing candy or other items to children on Halloween, wearing a
Santa Claus costume on or preceding Christmas, or wearing an Easter bunny
costume on or preceding Easter. Holiday events in which the offender is the
parent or guardian of the children involved, and no non- familial children are
present, are exempt from this subdivision.
Subd. 3. Measurement of Distance:
a. For purposes of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the
outer property line of the permanent residence or temporary residence
to the nearest outer property line of a school, daycare center, park,
playground, place of worship, or other place where children regularly
congregate.
b. The City Clerk shall maintain an official map showing prohibited
locations as defined by this chapter. The Clerk shall update the map at
least annually to reflect any changes in the location of prohibited
zones.
Subd. 4. Penalties: Any person violating any provision of this chapter shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished as
provided in Section 104.01 of this code. Each day a person maintains a
residence in violation of this chapter constitutes a separate violation.
Subd. 5 Exceptions: A designated offender residing within a prohibited area as
described in subsection A of this section does not commit a violation of this
chapter if any of the following applies:
a. The person established the permanent residence or temporary
residence and reported and registered the residence pursuant to
Minnesota statutes sections 243.166, 243.167, or successor statute,
prior to July 10, 2006.
b. The person was a minor when he /she committed the offense and was
not convicted as an adult.
C. The person is a minor.
d. The school or daycare center within one thousand feet (1,000') of the
person's permanent residence was opened after the person established
the permanent residence or temporary residence and reported and
registered the residence pursuant to Minnesota statutes section 243.166
or 243.167.
e. The residence is also the primary residence of the person's parents,
grandparents, siblings, spouse, or children.
f. The residence is a property owned or leased by the Minnesota
department of corrections.
506.04 RENTING REAL PROPERTY; PENALTIES.
Subd. 1. Unlawful to Rent. It is unlawful to let or rent any place, structure, or part
thereof, trailer or other conveyance, with the knowledge that it will be used
as a permanent residence or temporary residence by any person prohibited
from establishing such permanent residence or temporary residence pursuant
to this chapter, if such place, structure, or part thereof, trailer or other
conveyance, is located within a prohibited location zone described in
Sections 506.03 Subd. 1. of this chapter.
Subd. 2. Failure to Comply. A property owner's failure to comply with provisions of
this section shall constitute a violation of this section.
Subd. 3. Eviction. If a property owner discovers or is informed that a tenant is a
designated offender after signing a lease or otherwise agreeing to let the
offender reside on the property, the owner or property manager may evict
the offender."
506.05 SEVERABILITY.
Should any section, subdivision, clause or other provision of this chapter be held to be
invalid by any court of competent jurisdiction, such decision shall not affect the validity
of this chapter as a whole, or of any part thereof, other than the part held to be invalid.
Section 2. This Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd
day of January, 2017.
ATTEST:
Jean Panchyshyn, City Clerk
4
Se , `derby, ay
ORDINANCE NO. 539
AN ORDINANCE TITLED
"LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES"
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 1301.02 of the Shorewood Code of Ordinances (Administrative Enforcement)
is hereby amended to read:
LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES
Type of Charge /Fee
City Code ReferenceT
Charge /Fee
1[. Miscellaneous Permits and Licenses
Administrative enforcement
104.03
Class A Offenses: $100
Violations of Public Health
Regulations
(Chapters 501 -503, except those violations
which are also Zoning Code Violations)
Class B Offenses: $300
Violations of Rental Housing
Regulations
(Chapter 1004)
Subsequent Class B Violations: $1000 per
violation
Class C Offenses: $300
Violations of Building Regulations
(Chapters 1001 -1003 and 1005)
Violations of Wetland Regulations
(Chapter 1102)
Violations of Tree Preservation
Regulations
(Chapter 1103)
Violations of Zoning Regulations
(Chapter 1201)
Subsequent Class C Violations:
2nd citation within 24 months of issuance of
previous citation: 25% increase over scheduled
civil penalty
3rd citation within 24 months of issuance of
previous citation: 50% increase over scheduled
civil penalty
4th citation within 24 months of issuance of
previous citation: 100% increase over scheduled
civil penalty
Ordinance No. 539
Page 2
Section 2. This ordinance is effective upon its publication in the official newspaper of the City of
Shorewood.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota
this 27th day of February, 2017.
ATTEST:
JeWn Panchyshyn, Ci1q CIA
S-Cot erby, ay —
CITY OF SHOREWOOD
ORDINANCE NO. 540
AN ORDINANCE TITLED
"LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES"
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows:
CITY OF SHOREWOOD
LICENSE, PERMIT, SERVICE CHARGES
AND MISCELLANEOUS FEES
Section 2. Addition to Miscellaneous Permits and Licenses:
LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES
Type of Charge/Fee
City Code
Current Charge/ Fee
New Charge /Fee
Reference
V. Park and Recreation
Soccer /Football /Baseball/
Softball Fields (per field)
Damage deposit, all fields
$125 /flat fee
$125 /flat fee
Football Field, unlighted
$50 /day
$50 /hour or $210 /day
Lights
$30 /hour
$30 /hour
Diamond field (baseball)
$50 /day
$50 /day
Entire soccer area,
$150 /day
$150 /day
unlighted
Tennis Courts
$5 /court /hour
$5 /court/hour
Section 3. This ordinance is effective upon publication in the Official City of Shorewood
newspaper.
A70ck, PIED BY THE CITY COUNCIL of the City of Shorewood, Minnesota
this 13'-day of 2017.
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE 541
AN ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 1300
TITLED MUNICIPAL FEES CHAPTER 1301 LICENSE, PERMIT, SERVICE CHARGES AND
MISCELLANEOUS FEES AND ADOPTING A NEW CHAPTER 1300
TITLED MUNICIPAL FEES CHAPTER 1301: ESTABLISHING A MASTER
FEE SCHEDULE FOR THE CITY OF SHOREWOOD
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
TITLE 1300 MUNICIPAL FEES
Section 1:
Chapter 1301
Section 1301.01 Purpose
Section 1301.02 Adoption of Master Fee Schedule by Resolution
Section 1301.03 Land Use Fees
1301.01 PURPOSE.
Purpose. The purpose of this chapter pursuant to Minnesota State Law and Shorewood's activities as a
municipal entity requires us to set forth and establish certain fees and charges to reimburse the city for
administrative and other expenses related to the issuing of permits, licenses and other services. The fees
and charges for licensing, permits, programs, and services include but are not limited to building, zoning,
planning, business, animal, park and recreation, rentals, solicitors, fire prevention, utility, franchise,
administrative citations, and other miscellaneous fees that further the health, safety and welfare of the
community at large.
1301.02 ADOPTION OF MASTER FEE SCHEDULE BY RESOLUTION.
Adoption offee schedule by resolution. All fees and charges shall be fixed and determined by the council
and set forth in the master fee schedule, with the exception of land use fees, which will remain in the code
and will be adopted by ordinance. The master fee schedule will be adopted by resolution and uniformly
enforced. The master fee schedule will be reviewed for relevancy and /or when new fees are established
and amended as needed by resolution and adopted by the city council.
1301.03 LAND USE FEES
LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS .FEES
Type of Charge /Fee City Code Charge /Fee
Reference
VI. Building, Zoning, Land Use *`
LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES
Site plan review /certificate
1201.07.2
$150
Subdivision sketch plan review
1202.03.1
$200
Subdivision (Metes and Bounds)
1202.03.1a(2)
$350 plus $100 escrow (three lots or
less)
Subdivision (Preliminary plat)
1202.03. 1 a(2)
$350 plus $25 /lot plus $1,000 escrow
Subdivision (final plat)
1202.03.1 a(2)
$500 plus $25 /lot plus $1,000 escrow
Park dedication
1202.07
$6,500 /unit or 8% of raw land value
(cash in lieu of land)
Comprehensive plan amendment
$200 pre - application
$800 formal application
Extension of deadline for
50% of original application fee
recording resolutions
Note: Base fees are non - refundable. Escrow deposits are to cover consulting engineer and attorney
expenses. Applicants are informed that any city expenses not covered by these fees will be billed to
them. Unused escrow fees will be returned to applicant upon written request.
Building permit
1001.03
1997 U.B.C. SECTION 107
1997 U.B.C. TABLE 1 -A AND STATE
RULE 1300.0160
Reinspection fee
Residential
Roofing permit
$35
Siding permit
$75
Window permit
S.B.C.
$75
Mechanical permit
S.B.C.
$75
Plumbing permit
S.B.C.
State Statute or 2.5% of value, $35
minimum
State Statute or $15 /fixture, $35
minimum
LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES
Type of Charge /Fee
City Code Reference
Charge /Fee
Removal or abandonment, U.F.C. $35 first tank plus $20 each
underground tanks additional
Demolition permit S.B.C. $50*
Sign permit application fee
Approved sign permit fee
1201.03.11 f
$20
Per 1997 U.B.C. Table 1 -A
Fence permit
1201.03.2f
$20
Grading /filling permit
S.B.C.
Per 1997 U.B.C. Table A -33 -A
and A -33 -B
Home occupation permit
1201.03.12c
$200 (special)
Underground irrigation
system permit
901.01.2d
$20
R.O.W. Encroachment
permit
901.01.2b
$40
R.O.W. or easement
vacation request
$300
R.O.W. work annual
registration
901.07
$200
R.O.W. excavation permit
administration fee
901.09
$75
Per additional excavation -
unpaved area
901.09
$20
Underground utility /telecom
installation - direct boring
or tunneling
901.09
$45 per 100 L. Ft. (plus
minimum permit fee)
Underground utility /telecom
installation -open trenching
901.09
$60 per 100 L. Ft. (plus
minimum permit fee)
Obstruction permit
901.09
$20
LICENSE , PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES
Type of Charge /Fee
City Code Reference
Charge /Fee
Degradation fee
901.09
Varies
Restoration fee
901,12
Varies
* Fee is waived when in conjunction with a building permit or when burned by Fire Department.
Section 2: This ordinance is in effect upon publication in the Official Newspaper.
ADOPTED BY THE SHOREWOOD CITY COUNCIL this 22nd day of May 2017.
ATTEST:
Sandie Thone, City Clerk
r
Scott e by, M or
CITY OF SHOREWOOD
ORDINANCE 542
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO ACCESSORY BUILDINGS, STRUCTURES AND USES AND REGULATIONS
APPLICABLE TO SHORELINE PROPERTY FOR THE CITY OF SHOREWOOD
Section 1. City Code Section 1201.02 is hereby amended to amend the following
definitions:
ACCESSORY BUILDING, STRUCTURE, OR USE. A subordinate building, structure,
or use, whether attached or detached, that is located upon the same lot on which the
principal building or use is situated and which is reasonably necessary, appropriate and
incidental to the conduct of the primary use of the principal building or use. Accessory
buildings typically include (but are not limited to) garages, sheds, storage or workshop
areas, treehouses, docks, gazebos, and the like. Accessory structures typically include
(but are not limited to) lights /light poles, fences, mailboxes, and the like.
SEMI - PUBLIC. Partially, but not entirely, owned by the public or providing a service
available to the public.
Section 2. City Code Section 1201.03 Subd. 2. is hereby amended as follows:
Subd. 2. General building and performance r'equir'ements.
d. Accessory buildings, str'uctur'es, uses and equipment.
(1) No detached accessory building or structure shall be allowed on any lot
without a principal building to which it is accessory.(2) No detached
accessory building shall exceed 15 feet or one story in height.
(3) Accessory buildings and structures shall be constructed within the
buildable area of the lots as defined in §1201.02 of this chapter except as
provided in subdivision 3c of this section.
(4) For single - family and two- family homes, no accessory building, including
attached garages, or combination of accessory buildings but excluding
docks shall exceed three in number, nor 1,200 square feet in area in the
R -IA, R -111, R -1C, R -2A, R -213 and R -3A Districts, nor 1,000 square feet
in area in the R -ID, R -2C, R -313 and R -C Districts, except by conditional
use permit as provided for in § 1201.04 of this chapter. In addition the
following conditions shall apply:
(a) The total area of accessory buildings shall not exceed the floor area
of all stories above grade of the principal structure. The City
Council may grant an exception for greenhouses, as defined herein,
under the following conditions:
(i) The lot on which the greenhouse is to be located shall
contain a minimum of 80,000 square feet of area. In no
case shall the lot area be reduced to less than 80,000 square
feet in area;
(ii) Side yard setbacks for the greenhouse shall be double that
required. for the district in which the property is located;
(iii) The property owner shall landscape around accessory
buildings according to a landscape plan approved by the
City Council;
(iv) In no case shall the total area of accessory buildings exceed
7% of the minimum lot area for the district in which the
property is located.
(b) In no case shall the total area of accessory buildings exceed 10% of
the minimum lot area for the district in which the property is
located.
(c) In evaluating the conditional use permit, the city shall take into
consideration the location of existing and proposed structures, site
drainage and landscaping.
(d) The architectural character of proposed accessory buildings shall
be similar and consistent with other buildings on the site and in the
area.
(e) Properties occupied by nonconforming accessory structures are not
allowed to exceed three accessory structures, or to exceed 1,000
square feet or 1,200 square feet of accessory floor area, based upon
the district in which they are located.
Exception: An existing nonconforming accessory structure may be
allowed to remain nonconforming, and the total number of
accessory structures or the total area of accessory space may be
expanded, provided that the following can be demonstrated with
respect to the nonconforming accessory structure:
(i) The applicant can demonstrate that the structure was
constructed prior to August 2, 1956. Evidence of date of
construction may include, but is not limited to, property
surveys, assessor's information, aerial photographs or
affidavits from persons who lived on or near the property
on or before August 2, 1956.
(ii) The structure must be in sound structural condition with
respect to roof, walls, and foundation. If the structure
requires 50% or more replacement, the building must be
removed or brought into conformity with this code. The
extent of replacement required shall be determined by the
Building Official.
(iii) The applicant can demonstrate that the structure has
historic, architectural or cultural value. Specifically, the
structure shall meet one or more criteria established by the
city and patterned after the National Park Service standards
for historic designation. The historic, architectural or
cultural value of the structure shall be subject to review and
comment by a special ad hoc committee, consisting of one
member of the Planning Commission, City Council and
Park Commission.
(iv) The owner of the property shall enter into a development
agreement with the city, the purpose of which is to set forth
what, if any, repairs may be necessary to place the structure
in good condition. The agreement shall be recorded against
the property to ensure that the structure is kept in good
condition. Repairs to the structure shall be consistent with
the original architectural style and materials of the
structure. Nothing in this section shall prevent the owner
from bringing the structure into conformance with this code
or removing it from the property.
(5) Subject to the provisions of subdivision (4) above, no permit shall be issued for
the construction of more than one private detached garage structure for each
detached single- family dwelling, except on the approval of a conditional use
permit according to the provisions of § 1201.04 of this chapter.
(6) Every detached single - family dwelling unit erected after the effective date hereof
shall be so located on the lot so that at least a two car garage, either attached or
detached, can be located on the lot.
(7) No accessory uses or equipment, such as air conditioning cooling structures or
condensers, which generate noise may be located in a required side yard setback,
except for side yards abutting streets where equipment is fully screened from
view.
Section 3. City Code Section 1201.03 Subd. 14 is hereby amended as follows:
Subd. 14. Regulations applicable to shoreline property.
a. No structure of any kind except docks, stairways and lifts shall be built
within the required setback from the ordinary high water level of a
meandered lake, as provided in § 1201.26, subdivision 5 of this code.
b. Docks shall not be built, used or occupied on land located within the R
Districts without a principal dwelling on the lot or parcel to which it is
accessory.
C. The number of docks per lot or parcel of land in the R Districts shall be
limited to one, and the same shall be operated, used and maintained solely
for the use of the members of the family or families residing at the
property upon which the dock is located. The dock shall connect to the
shoreline at only one location, no wider than four feet, and shall extend
into the lake at least eight feet beyond the ordinary high -water mark before
branching out to form slips. The width of the dock shall not exceed four
feet at any point, except that at one location the dock may be no wider
than eight feet for a length of eight feet.
The number of restricted watercraft, as defined by the Lake Minnetonka
Conservation District (LMCD) that may be docked or moored on a single
property is limited to four. The dock owner may exceed four restricted
watercraft only by obtaining an annual multiple dock /mooring license
from the LMCD and a conditional use permit from the city, which permit
shall be subject to the following conditions:
(1) As part of the annual LMCD license review, the owner of the dock
must demonstrate to the city that all boats stored at the dock are
owned, registered and operated by the residents of the property on
which the dock is located.
(2) As part of the annual LMCD license review, the owner of the dock
must demonstrate to the city that the dock is the minimum size
necessary to store the boats owned, registered and operated by the
residents of the subject property.
(3) Boat canopies shall be limited to the size and number that is
required to cover no more than four of the restricted watercraft.
(4) The provisions of § 1201.04, subdivision l.d.(1) are considered
and satisfactorily met.
d. No boat, barge, boathouse or other floating vessel or structure tied or
connected to a dock or wharf located within the city limits shall be used as
a permanent, temporary or seasonal residence.
e. No dock shall be located or constructed within ten feet of the side lot line
of any lot or parcel projected into the lake.
f. No dock located within the R Districts shall extend further into the water
than reasonably necessary to provide docking space for boats and crafts
used by the owner of the dock, and under no circumstance shall a dock
create a safety or navigational hazard or block any channel or access to the
lake from adjoining lots or parcels.
g. Unless specified otherwise in the city zoning code, all docks on all lakes
shall comply with the Lake Minnetonka Conservation District Code of
Ordinances.
h. Seaplane operations shall be subject to Minn. Rules 8800.2800 (Seven -
County Metropolitan Region Seaplane Operations), as may be amended,
which are adopted herein by reference.
Section 4. This Ordinance shall be in full force and effect upon publication in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of
July, 2017.
i N' f i'1'
1 Oki 1
AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE AS IT PERTAINS TO
PARKING FOR THE CITY OF SHOREWOOD
Section 1. City Code Section 610.02 is hereby amended as follows:
61.0.02 STOPPING, STANDING AND PARKING.
Subd. 1. Parking time limited. No vehicles shall be parked continuously at any place on any
public street for a period of more than 48 consecutive hours.
Subd. 2. No parking, limited parking and parking by permit only zones. The City Council may,
from time to time, by motion or resolution, designate portions of the highways and
streets within the city as no parking zones, limited parking zones or parking by
permit only zones and shall cause such zones to be marked by appropriate signs.
The location of such signs restricting parking shall be prima facie evidence that the
City Council has, by proper resolution or motion, authorized the establishment of
such no parking, limited parking or parking by permit only zones. The City
Administrator/Clerk is authorized to issue permits to residents for parking in zones
marked "Parking by Permit Only" upon such terms and conditions as the City
Council may determine from time to time, by motion or resolution.
Subd. 3. Hazardous road conditions.
a. Authority to declare emergency. Whenever, in the opinion of the Mayor, an
emergency exists in the city or in any section or sections thereof because of snow,
freezing rain, sleet, ice, snowdrifts or other phenomena which create or are likely to
create hazardous road conditions impeding or likely to impede the free movement
of fire, health, police, emergency and other vehicular traffic for the safety and
welfare of the community, the Mayor may declare an emergency to exist for a
period of 72 hours, and notice thereof shall be given by whatever means are
available such as posting signs or by word of mouth.
b. Parking prohibited. Whenever such an emergency is so declared to exist, no
vehicles shall be parked or left standing on any street. Upon the declaration of a
state of emergency, the Mayor may prohibit, during the emergency, the parking,
standing or leaving of any vehicle upon any or all streets in the city.
c. Permitted parking resumed. Parking may be resumed on individual streets as soon
as plowing has been completed on that street for the full width and the street has
become passable.
Subd. 4. Removal of improperly parked or abandoned vehicles. If any vehicle is parked,
abandoned or left standing in violation of the terms of this section, the same may be
moved by the city, at the cost and expense of the owner thereof.
Subd. 5. Prohibition of storage or parking of trailers on public or private streets or roads. No
trailer, as defined in MN Statutes Section 169.011, Subd. 86, shall be parked on a
public or private street or road, unless hitched or connected to the vehicle that is
towing it.
Section 2. This Ordinance shall be in full force and effect upon publication in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of
July 2017.
Scott erby, or
ATTEST:
Sandie Thone, INty Clerk
i MOMS 19
►!
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO HOME OCCUPATIONS FOR THE CITY OF SHOREWOOD
Section 1. Zoning Code Section 1201.02 is hereby amended as follows:
HOME OCCUPATION. Any business, occupation, or profession engaged in by the
residents of the dwelling when conducted within the dwelling, accessory building, or on
the parcel of land containing the dwelling unit.
COMMERCIAL TRAILER: For purposes of this section, a commercial trailer is a
trailer that transports property, materials and /or machinery used for an occupation or
enterprise by the owner, lessee, or licensee. Personal or recreational use of a commercial
trailer does not negate its designation as commercial.
COMMERCIAL VEHICLE: For purposes of this section, a commercial vehicle is a
self - propelled vehicle that travels along the ground on wheels and transports persons,
and /or transports or pulls property, materials and /or machinery used for an occupation or
enterprise by the owner, lessee, or licensee. Personal or recreational use of a commercial
vehicle does not negate its designation as commercial.
Section 2. Zoning Code Section 1201.03 is hereby amended as follows:
Subd. 12. Home occupations.
a. Purpose. The primary purpose of this subdivision is to provide a means
through establishment of specific standards and procedures by which home
occupations can be conducted in residential neighborhoods without
jeopardizing the health, safety and general welfare of the surrounding
neighborhood. In addition, this subdivision is intended to provide a
mechanism enabling the distinction between limited home occupations and
special home occupations, so that limited home occupations may be allowed
as accessory uses within residential zoning.
b. Application. Subject to the nonconforming use provision of this section, all
occupations conducted in the home shall comply with the provisions of this
subdivision.
C. Procedures and permits.
(1) Limited home occupation. Any home occupation, as defined in this
code and which qualifies as a limited home occupation under section
d. (2) of this subdivision shalt be allowed as accessory uses in all
residential zoning districts. Limited home occupations are allowed
without a permit, but shall comply with all other applicable
provisions of this code.
(2) Special home occupation. Any home occupation which does not
meet the specific requirements for a limited home occupation as set
forth in section d.(2) of this subdivision shall require a special home
occupation permit which shall be applied for, reviewed and disposed
of in accordance with the conditional use provisions of § 1201.04 of
this chapter.
(3) Declaration of conditions. The Planning Commission may
recommend and the City Council may impose the conditions on the
granting of a special home occupation permit as may be necessary
to carry out the purpose and provisions of this subdivision.
(4) Effect of permit. A special home occupation permit may be issued
for a period of one year after which the permit may be reissued for
periods of up to three years each. Each application for permit
renewal shall, however, be processed in accordance with the
procedural requirements of the initial special home occupation
permit, except that notice of a public hearing need not be published
in the official city newspaper.
(5) Transferability. Permits shall not run with the land and shall not be
transferable.
(6) Lapse of special home occupation permit by nonuse. Whenever,
within one year after granting a permit, the use as approved by the
permit shall not have been initiated, then the permit shall become
null and void unless a petition for extension of time in which to
complete the work has been granted by the City Council. The
extension shall be requested in writing and filed with the Zoning
Administrator at least 30 days before the expiration of the original
permit. There shall be no charge for the filing of the petition. The
request for extension shall state facts showing a good faith attempt
to initiate the use. The petition shall be presented to the Planning
Commission for a recommendation and to the City Council for a
decision.
(7) Reconsideration. Whenever an application for a permit has been
considered and denied by the City Council, a similar application for
a permit affecting substantially the same property shall not be
considered again by the Planning Commission or City Council for
at least six months from the date of its denial unless a decision to
2
reconsider the matter is made by not less than four - fifths vote of the
full City Council.
(8) Renewal of permits. An applicant shall not have a vested right to a
permit renewal by reason of having obtained a previous permit. In
applying for and accepting a permit, the permit holder agrees that
his or her monetary investment in the home occupation will be fully
amortized over the life of the permit and that a permit renewal will
not be needed to amortize the investment. Each application for the
renewal of a permit will be considered as a new permit without
taking into consideration that a previous permit has been granted.
The previous granting or renewal of a permit shall not constitute a
precedent or basis for the renewal of a permit.
d. Requirements, general provisions. All home occupations shall comply with
the following general provisions and according to classification, the
applicable requirement provisions.
(1) General provisions.
(a) No home occupation shall produce light glare, noise, odor or
vibration that will in any way have an objectionable effect
upon adjacent or nearby property.
(b) No equipment shall be used in the home occupation which
will create electrical interference to surrounding properties.
(c) Any home occupation shall be clearly incidental and
secondary to the residential use of the premises, shall not
change the residential character thereof and shall result in no
incompatibility or disturbance to the surrounding residential
uses.
(d) No home occupation shall require internal or external
alterations or involve construction features not customarily
found in dwellings except where required to comply with
local and state fire and police recommendations.
(e) There shall be no exterior storage of equipment or materials
used in the home occupation.
(f) Accessory buildings may only be used for storage of
commercial trailers, equipment, stock, or materials related to
the home occupation if the property has an alternative,
conforming location for the off-street parking required by
subdivision 5 of this section.
3
(g) The home occupation shall meet all applicable fire and
building codes.
(h) There shall be no exterior display or exterior signs or interior
display or interior signs which are visible from outside the
dwelling.
(i) All home occupations shall comply with the provisions of
the city nuisance ordinance (Chapter 502).
{j) No home occupation shall be conducted between the hours
of 9:00 p.m. and 7:00 a.m. unless the occupation is contained
entirely within the principal building and does not require
any on- street parking facilities.
(k) Parking.
i. Parking for home occupations shall comply with the
requirements of subdivision 5 of this section.
ii. All parking for home occupations shall occur on the
existing driveway.. On- street parking of any vehicles
related to a home occupation is prohibited, including,
but not limited to, customer or employee vehicles,
commercial trailers, and commercial vehicles.
iii. No commercial vehicle or trailer used in conjunction
with the home occupation, shall be parked closer
than 25 feet from the curb line or edge of the paved
street surface.
(2) Requirements - limited home occupations.
(a) No person other than those who reside on the premises shall
be employed in the home occupation.
(b) All limited home occupations shall be conducted entirely
within the principal dwelling and may not be conducted in
accessory buildings.
M
(c) Examples of limited home occupations include but are not
limited to: art studio, dressmaking, secretarial services,
professional offices and teaching with musical, dancing and
other instructions which consist of no more than one
pupil /client at a time and no more than five per day. None
of the above shall service more than one person in the
home at a given time.
(d) The home occupation shall not include any of the following:
i. Repair service or manufacturing which requires
equipment other than found in a dwelling.
ii. Teaching, counseling, or sales meetings which
consists of more than one pupil /client at a time.
iii. Over -the- counter sale of merchandise produced or
sold off the premises.
iv. Parking or storage of more than one commercial
vehicle or commercial trailer used for the home occupation
outside an accessory building.
(3) Requirements - special home occupation.
(a) Not more than one person other than those who reside on the
premises shall be employed.
(b) Special home occupations may be conducted within an
accessory building.
(c) Examples of special home occupations include: massage
therapists, barber and beauty services, pet grooming,
photography studio, group lessons, saw sharpening, small
appliance and small engine repair and the like.
(d) The special home occupation may include any of the
following:
i. Stock -in -trade incidental to the performance of a
service;
ii. Up to five clients /pupils /animals at any one time and
no more than 10 clients /pupils /animals per day except as
further limited by d. (1) (k) of this subdivision or by the City
Council. Any group events (except pet grooming) may
occur on no more than one day per week, unless otherwise
approved by the City Council.
(4) Prohibited home occupations. Auto repair, whether for
consideration or not, of vehicles which are not registered to a
resident of the dwelling, or to a son or daughter, sibling, parent,
I
grandparent or grandchild of a resident on the property.
C. Nonconforming use. Existing home occupations lawfully existing on the
date of this chapter may continue as nonconforming uses. They shall,
however, be required to obtain permits for their continued operation within
one year subsequent to the adoption of this chapter. Any existing home
occupation that is discontinued for a period of more than 30 days, or is in
violation of the ordinance provisions under which it was initially
established, shall be brought into conformity with the provisions of this
subdivision.
f. Inspection. The City of Shorewood reserves the right, upon issuing any
special home occupation permit, to inspect the premises in which the
occupation is being conducted to insure compliance with the provisions of
this subdivision or any conditions additionally imposed.
Section 3. This Ordinance shall be in full force and effect upon publication in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this °"day
of 2017.
Sandie Thone, City Clerk
0
11 1TV 61749 t a Ll I to] fall!]r
ORDINANCE 545
AN ORDINANCE ENACTING AND ADOPTING THE 2017 S -12 SUPPLEMENT TO
THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the
tenth Supplement to the Code of Ordinances of the City of Shorewood, which supplement
contains all ordinances up through and including Ordinance No. 541 of a general and
permanent nature enacted since the prior supplement of the Code of Ordinances of the
City of Shorewood; and
WHEREAS, it is the intent of the City of Shorewood to accept these updated sections, as
outlined in the attached Exhibit A;
NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains:
Section 1. That the eleventh supplement to the Code of Ordinances of the City of Shorewood as
submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby
accepted.
Section 2. This ordinance adopting the 2017 S -12 Supplement to the Code of Ordinances shall
take effect upon publication in the City's official newspaper.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 28th day of
August 2017.
ATTEST:
Sandie Thone, City Clerk
1
Scot rby, VIayo�
�J
CITY OF SHOREWOOD
ORDINANCE NO. 546
AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE AS IT PERTAINS TO
RENTAL LICENSES FOR THE CITY OF SHOREWOOD
Section 1. City Code Chapter 1004 is hereby amended as follows:
RENTAL HOUSING CODE
Section
1004.01 Purpose and intent
1004.02 Definitions
1004.03 Licensing of rental units
1004.04 Minimum standards
1004.05 Inspections
1004.06 Administration and enforcement
1004.01 PURPOSE AND INTENT.
Subd. 1. Purpose. The purpose of this chapter is to protect the public health, safety and the
general welfare of the rental population of the city. These general objectives
include, among others, the following:
a. To maintain a quality character and stability of rental dwelling units within the city;
b. To correct and prevent rental housing conditions that adversely affect or are likely
to adversely affect the life, safety, general welfare and health of persons occupying
rental dwellings within the city;
c. To provide minimum standards for cooking, heating and sanitary equipment
necessary to the health and safety of occupants of rental buildings;
d. To provide minimum standards of light and ventilation necessary to health and
safety;
e. To provide minimum standards for the maintenance of existing rental buildings and
to thus prevent slums and blight;
£ To preserve the value of land and buildings throughout the city.
Subd. 2. Intent. It is not the intention of the City Council to intrude upon the fair and accepted
contractual relationship between tenant and landlord. The City Council does not
intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be
receptive to complaints from tenant or landlord which are not specifically and
clearly relevant to the provisions of this chapter.
Subd. 3. Application of requirements. Every rental dwelling unit and its premises used in whole
or in part as a home or residence, or as an accessory structure thereof, for a single -
family or person shall conform to the requirements of this chapter, irrespective of
when the building may have been constructed, altered or repaired. This chapter
establishes minimum standards for erected rental dwelling units, accessory
structures and related premises.
1004.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning. Whenever the words "dwelling," "dwelling
unit," "premises," or "structure" are used in this chapter, they shall be construed as though they
were followed by the words "or any part thereof."
ACCESSORYSTRUCTURE. A subordinate building or use, whether attached or detached,
that is located upon the same lot on which the main building or use is situated and which is
reasonably necessary and incidental to the conduct of the primary use of the building or
main use.
APPROVED. When used in reference to the design and capabilities of physical systems of a
dwelling shall mean having passed the inspection of the Compliance Official. The basis for
passage of the inspection shall be an analysis of the effective state codes and an analysis of
the degree to which the systems meet the standards established by the codes. It shall be the
objective of the Compliance Official, unless otherwise specified, to establish minimum
qualifications for approval of the system, which qualifications can maintain substantial
compliance with the effective state codes and can be achieved in a reasonably economical
and practical manner.
BUILDING. Any structure used or intended for supporting or sheltering any use or
occupancy.
COMPLIANCE OFFICIAL. The Building Official and his or her designated agents
authorized to administer and enforce this chapter.
DWELLING. A building or portion thereof, designated exclusively for residential
occupancy, including one - family, two- family and multiple - family dwellings, but not
including hotels, motels and boarding houses.
DWELLING - MULTIPLE - FAMILY (APARTMENTS). A building designed with three
or more dwelling units exclusively for occupancy by three or more families living
independently of each other, but sharing hallways and main entrances and exits.
DWELLING - SINGLE - FAMILY. A dwelling designed exclusively for occupancy by one
family.
a. ATTACHED. A dwelling which is joined to another atone or more sides by a party
wall.
b. DETACHED. A dwelling unit not attached to another dwelling or structure.
DWELLING - TWO - FAMILY. A dwelling designed exclusively for occupancy by two
families living independently of each other.
a. DOUBLE BUNGALOW. A two - family dwelling with two units side by side.
b. DUPLEX. A two - family dwelling with one unit above the other.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by one
family, but not including hotels, motels, lodging establishment, nursing homes, boarding or
rooming houses or recreational vehicles.
FAMILY. See HOUSEHOLD.
FLUSH WATER CLOSET. A toilet, with a bowl and trap made in one piece, which is
connected to the city water and sewer system or other approved water supply and sewer
supply.
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
HABITABLE BUILDING. Any building or part thereof that meets minimum standards for
use as a home or place of abode by one or more persons.
HABITABLE ROOM. A room or enclosed floor space used or intended to be used for
living, sleeping, cooking or eating purposes, excluding bathrooms, water closet
compartments, laundries, furnace rooms, unfinished basements (those without required
ventilation, required electric outlets and required exit facilities), pantries, utility rooms of
less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets,
storage spaces and workshops, hobby and recreation areas in parts of the structure below
ground level or in attics.
HEATED WATER. Water heated to a temperature of not less than 120 °F, or the lesser
temperature required by government authority, measured at faucet outlet.
HOUSEHOLD. The following are included in the term HOUSEHOLD as the term is used
in this chapter:
a. An individual; or
b. A group of not more than three individuals, none of whom are related by blood,
marriage, adoption or foster care, but all of whom are maintaining a common
residence and using common cooking and kitchen facilities; or
c. Up to two adult individuals, whether related or unrelated, residing in the same
dwelling unit and maintaining a common residence and common cooking and
kitchen facilities and the dependent child(ren) of each, if any; or
d. The combination of paragraphs (a) and (c) above.
KITCHEN. A space which contains a sink with counter working space, adequate space for
installing cooking and refrigeration equipment and adequate space for the storage of cooking
utensils.
LEASE. An agreement to rent. (For use as a verb, see Rent.)
MINIMUM STANDARDS. Those standards as set forth in § 1004.04 of this code.
OCCUPANT. Any person (including owner or operator) sleeping, cooking and eating in a
dwelling unit.
OPERATOR. The person or enterprise or its agent who is owner or proprietor of a rental
dwelling or rental dwelling unit, whether in the capacity of owner, lessor, lessee, sublessee,
mortgagee in possession, licensee, or any other capacity. Where the operator performs their
functions through a rental agent, the managing agency or the rental agent has the same
duties as the principal.
OWNER. Any person, firm or corporation who, alone, jointly or severally with others, shall
be in actual possession of, or have charge, care or control of, any dwelling or dwelling units
within the city as title holder, employee or agent of the title holder or as trustee or guardian
of the estate or person of the title holder. Any person representing the actual title holder shall
be bound to comply with the provisions of this chapter to the same extent as the title holder.
PERMISSIBLE OCCUPANCY. The maximum number of persons permitted to reside in a
dwelling unit.
PERSON. An individual, firm, partnership, association, corporation or joint venture or
organization of any kind.
PLUMBING. All of the following supplied facilities and equipment in a dwelling: gas
pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes,
water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed
clothes washing machines, catch basins, drains, vents and any other similar fixtures and the
installation thereof, together with all connections to water, sewer and gas lines.
PREMISES. A platted lot or part thereof or unplatted parcel of land occupied by any
dwelling or nondwelling structure, including any building, accessory structure or other
structure thereon.
PUBLIC HALL. A hall, corridor or passageway for providing egress from a dwelling unit to
a public way and not within the exclusive control of one family.
REFUSE. All putrescible and non - putrescible waste solids, including garbage and rubbish.
REMUNERATION. Compensation, money, or other consideration given in return for
occupancy, possession, or use of real property.
RENT. The consideration or remuneration charged whether or not received, for the
occupancy or use of another's property as a rental dwelling or rental dwelling unit, valued in
money, whether to be received in money, goods, labor, or otherwise, including all receipts,
cash, credits, property, or services of any kind. Rent may include consideration or
remuneration received pursuant to an option to purchase whereby a person is given the right
to possess the property for a term of less than thirty (30) days..
RENTAL DWELLING. A dwelling let for rent or lease.
RENTAL DWELLING UNIT. A dwelling unit let for rent or lease.
REPAIR. To restore to a sound and acceptable state of operation, serviceability or
appearance.
RODENT HARBORAGE. Any place where rodents can live, nest or seek shelter.
RUBBISH. Nan- putrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings,
wood, glass, brick, plaster, bedding, crockery and similar materials.
SAFETY. The condition of being reasonably free from danger and hazards which may cause
accidents or disease.
SHORT -TERM RENTAL UNIT. Any structure, any portion of any structure, rental
dwelling or rental dwelling unit that is rented to a transient for less than thirty (30)
consecutive days in a residential district or residential planned unit development district.
SUBSTANDARD DWELLING. Any dwelling which does not conform to the minimum
standards established by city ordinances.
SUPPLIED. Paid for, furnished by, provided by or under the control of the owner, operator
or agent of a dwelling.
TRANSIENT. Any person who, at their own expense or at the expense of another, exercises
occupancy or possession, or is entitled to occupancy or possession, by reason of any rental
agreement, concession, permit, right of access, option to purchase, license, time sharing
arrangement, or any other type of agreement for a period of less than. thirty (30) consecutive
calendar days.
(1987 Code, § 1004.02) (Ord. 272, passed 4 -12 -1993)
1004.03 LICENSING OF RENTAL UNITS.
Subd. 1. Issuance and renewal. No person shall operate a rental dwelling without first having
obtained a license to do so from the City Council as hereinafter provided. Each
license shall be valid for three years and shall expire on December 31 following the
issuance thereof. Application for license renewals for the following years shall be
filed on or before November 1 prior to the license expiration date.
Subd. 2. Conformance to laws. No license shall be issued or renewed unless the rental dwelling
and its premises conform to the ordinances of Shorewood and the laws of the state.
Subd. 3. License fees. Applications and fees for license renewals shall be due on November 1
immediately prior to the license expiration date. In cases of new unlicensed
dwellings, license fees shall be due upon application for a license.
a. The licensee shall not be entitled to a refund of any license fee upon denial,
revocation or suspension of the license.
b. The fees and charges for the license application required by this Chapter are set
forth in the City of Shorewood Fee Schedule.
Subd. 4. License not transferable. No license shall be transferable to another person or to another
rental dwelling. Every person holding a license shall give notice, in writing, to the
Compliance Official within 72 hours after having legally transferred or otherwise
disposed of the legal control of any licensed rental dwelling. The notice shall
include the name and address of the person succeeding to the ownership or control
of the rental dwelling or dwellings. If rental activity is proposed to continue under
the new owner, a new license application shall be required immediately upon notice
of the property transfer.
Subd. 5. Owner or agent to apply.
a. Application. License application or renewal shall be made by the owner of the
rental units or its legally constituted agent. Application forms may be acquired
from and subsequently filed with the Compliance Official.
b. Required information. The applicant shall supply:
(1) Name, address and telephone number of dwelling owner, owning partners if a
partnership, corporate officers if a corporation;
(2) Name, address and telephone number of designated resident agent, if any;
(3) Name, address and telephone number of management representative;
(4) Name, address and telephone number of vendee, if the dwelling is being sold
through a contract for deed;
(5) Legal address of the dwelling;
(6) Type of dwelling;
(7) Type and number of dwelling units within the building;
(8) Description of procedure through which tenant inquiries and complaints are to
be processed;
(9) Test results for domestic water supplied by a private well from a lab certified
by the Minnesota Department of Health;
(10) Test results (within 30 days) for the furnace performed by a certified
mechanical contractor bonded with the Minnesota Department of Labor and
Industry.
c. Zoning compliance. Upon application for a license the applicant must demonstrate
to the satisfaction of the Compliance Official that the rental dwelling complies with
one of the following:
(1) The property is currently zoned for the intended use pursuant to Chapter 1201
of this code; or
(2) The structure was granted a special use permit for a two - family dwelling
between January 21, 1965 and September 24, 1973; or
(3) The structure has been continually and lawfully used as a two - family dwelling
since January 21, 1965.
Subd. 6. Resident agent required. No license shall be issued or renewed for a nonresident owner
of rental dwelling units (one who does not reside within the counties of Hennepin,
Ramsey, Anoka, Carver, Dakota, Scott or Washington) unless the owner
designates, in writing, to the Compliance Official the name of its resident agent (a
person who does reside within the aforesaid referred counties) who is responsible
for maintenance and upkeep and who is legally constituted and empowered to
receive service of notice of violation of the provisions of the city ordinances, to
receive orders and to institute remedial action to effect the orders and to accept all
service of process pursuant to law. The Compliance Official shall be notified, in
writing, of any change of resident agent.
Subd. 7. Posting of license. Every licensee of a multiple rental dwelling shall cause to be
conspicuously posted in the main entryway or other conspicuous location therein
the current license for the respective multiple rental dwelling. Licenses for one- and
two - family rental dwellings shall be conspicuously posted near the electrical
service box for each unit.
Subd. 8. Inspection access.
a. No license shall be issued or renewed unless the owner of a rental unit agrees in its
application to permit inspections as provided in § 1004.05 of this chapter.
b. Whenever necessary to make an inspection to enforce any of the provisions of this
code, or whenever the Compliance Official or his or her authorized representative
has reasonable cause to believe that there exists in any building or upon any
premises any condition or code violation which makes the building or premises
unsafe, dangerous or hazardous, the Compliance Official or his or her authorized
representative may enter the building or premises at all reasonable times to inspect
the same or to perform any duty imposed upon the Building Official by this code;
provided, that if the building or premises be occupied, he or she shall first present
proper credentials and request entry; and if the building or premises be unoccupied,
he or she shall first make a reasonable effort to locate the owner or other persons
having charge or control of the building or premises and request entry. If the entry
is refused, the Compliance Official or his or her authorized representative shall
have recourse to every remedy provided by law to secure entry.
Subd. 9. Occupancy register required.
a. Every owner of a licensed rental dwelling unit in Shorewood shall keep, or cause to
be kept, a current register of occupancy for each dwelling unit which provides the
following information:
(1) Dwelling unit address;
(2) Number of bedrooms in dwelling unit;
(3) Names of adult occupants and number of adults and children (under 18 years
of age) currently occupying each dwelling unit;
(4) Dates renters occupied and vacated each dwelling unit.
b. The register shall be made available for viewing or copying by the Compliance
Official at all reasonable times.
(1987 Code, § 1004.03) (Ord. 272, passed 4 -12 -1993)
Subd. 10. Denial, Suspension, Revocation or Non - renewal of License. The Compliance Official
may revoke, suspend, deny, or decline to renew any license for all or part of a
building issued under this Chapter upon any of the following grounds:
a. The license applicant has not submitted all the required materials or requested
an inspection of the premises within 30 days of the initial application.
b. False statements made on the license application or any other information
required by this section.
c. The Compliance Official has not been permitted to inspect the premises
proposed to be licensed.
d. The license applicant has failed to correct deficiencies listed in a violation or
correction notice in the time specified.
e. The license applicant has not met the requirements of the International Property
Maintenance Code or City Code or other applicable state laws.
f. The City of Shorewood has previously suspended or revoked a rental license for
the same property and all the conditions of suspension or revocation have not
been corrected.
g. The license applicant or their agent has violated any requirement of this
Chapter.
h. Granting the license would be contrary to public health, safety or general
welfare so as to create a public nuisance.
i. The license applicant, licensee, their agent or tenant(s) has/have failed to
conform to other applicable requirements of City Code, State Statute or
Criminal Code.
If an application for a license is denied, a written statement specifying the reasons
for the denial will be transmitted to the applicant.
Subd. 11. Appeal. If the City of Shorewood denies a license application, the applicant may file a
written appeal to the City Council (acting as a Board of Appeals) requesting a
hearing before the City Council. The appeal must be received within ten days of
the denial notice and would be processed as outlined in Section 1004.07 Subd. 6. of
this Chapter. The City Council may affirm, modify of reverse the decision and state
the reasons for such action.
1004.04 MINIMUM STANDARDS.
Subd. 1. Adoption of the International Property Maintenance Code by reference. Chapters 2, 3,
4, 5, 6, and 7 of the "2012 International Property Maintenance Code," as may be
amended, are adopted and incorporated herein and shall be controlling within the
city. At least one copy of the code shall be on file in the office of the Compliance
Official for use and examination by the public.
Subd. 2. General provisions.
Maintenance of shared or public areas. Every owner of a rental dwelling shall
maintain in a clean and sanitary condition the shared or public areas of the dwelling
and premises thereof.
b. Maintenance of occupied areas. Every occupant of a rental dwelling unit shall
maintain in a clean and sanitary condition that part or those parts of the dwelling
unit and premises thereof that it occupies and controls.
c. Responsibility of owner and occupant for storage and disposal of garbage and
rubbish. Every owner of a rental dwelling shall supply facilities for the sanitary and
safe storage and /or disposal of rubbish and garbage. In the case of single - family
attached or detached rental dwelling units, it shall be the responsibility of the
occupant to furnish the facilities. Every occupant of a rental dwelling unit shall
store and dispose of all its rubbish, garbage and organic waste in a clean, sanitary
and safe manner as prescribed by Chapter 504 of this code.
d. Responsibility for storm and screen doors and windows. The owner of a rental
dwelling unit shall be responsible for providing and hanging all screens and storm
doors and storm windows whenever the same are required under the following
provisions, except where there is written agreement otherwise between the owner
and occupant.
(1) Every window, other than a fixed window or storm window, shall be capable
of being easily opened.
(2) Every window, door and frame shall be constructed and maintained in the
relation to the adjacent wall construction as to completely exclude rain, wind,
cold, vermin and rodents from entering the building.
(3) Every openable window or other device required by this section shall be
supplied with 16 mesh screens during the insect season.
e. Responsibility for pest extermination.
(1) Every occupant of a rental dwelling containing a single rental dwelling unit
shall be responsible for the extermination of vermin infestations and /or rodents
on the premises.
(2) Every occupant of a rental dwelling unit in a dwelling containing more than
one rental dwelling unit shall be responsible for the extermination whenever its
dwelling unit is the only one infested. Notwithstanding, however, whenever
infestation is caused by the failure of the owner to maintain a rental dwelling in
a reasonable rodent -proof or reasonable vermin -proof condition, extermination
shall be the responsibility of the owner.
(3) Whenever infestation shall exist in two or more of the rental dwelling units in
any dwelling, or in the shared or public parts of any rental dwelling containing
two or more rental dwelling units, extermination thereof shall be the
responsibility of the owner.
f. Rodent harborages prohibited in public areas. No owner of a rental dwelling shall
accumulate or permit the accumulation of boxes, lumber, scrap metal or any other
similar materials in a manner that may provide a rodent harborage in or about
shared or public areas of a rental dwelling or it premises. Materials stored by the
owner or permitted to be stored by the owner shall be stacked neatly in piles.
g. Rodent proof. Every rental dwelling and accessory structure and the premises upon
which located shall be maintained in a rodent -free and rodent -proof condition. All
openings in the exterior walls, foundations, basements, ground or first floors and
roofs which have a one -half inch diameter or larger opening shall be rodent - proofed
in an approved manner. Interior floors or basements, cellars and other areas in
contact with the soil shall be paved with concrete or other rodent - impervious
material.
h. Sanitary maintenance of fixtures and facilities. Every occupant of a rental dwelling
unit shall keep all supplied fixtures and facilities therein in a clean and sanitary
condition and shall be responsible for the exercise of reasonable care in the proper
use and operation thereof.
Removal of snow and ice. The owner of a multiple - family rental dwelling or
dwellings shall be responsible for the removal of snow and ice from parking lots,
driveways, steps and walkways on the premises.
(1) Individual snowfalls of three inches or more, or successive snowfalls
accumulating to a depth of three inches, shall be removed from parking lots
and driveways within 24 hours after cessation of the snowfall.
(2) Individual snowfalls of one inch or more, or successive snowfalls
accumulating to a depth of one inch, shall be removed from steps and
walkways within eight hours after cessation of the snowfall.
Maintenance of driving and parking areas. The owner of a multiple- family rental
dwelling or dwellings shall be responsible for providing and maintaining in good
condition surfaced and delineated parking areas and driveways for tenants
consistent with § 1201.03, Subd. 5 of this code.
k. Maintenance of yards. The owner of a multiple- family rental dwelling or dwellings
shall be responsible for providing and maintaining the yard or yards.
1. Facilities to function. Every supplied facility, piece of equipment or utility required
under city ordinances and every chimney flue shall be installed and maintained and
shall function effectively in a safe, sound and working condition.
m. Discontinuance of service of facilities. No owner, operator or occupant shall cause
any service, facility, equipment or utility which is required under this chapter to be
removed from or shut off from or discontinued for any occupied rental dwelling or
rental dwelling unit let by the owner or operator, except for the temporary
interruptions as may be necessary when actual repairs or alterations are in process
or during temporary emergencies.
n. Yard cover. Every yard of a premises on which a dwelling stands shall be provided
with lawn or combined ground cover of vegetation, garden, hedges, shrubbery and
related decorative materials and the yard shall be maintained consistent with
prevailing community standards.
o. One family per dwelling unit. Not more than one family, except for temporary
guests, shall occupy a rental dwelling unit.
p. Accessory structure maintenance. Accessory structures supplied by the owner,
agent or tenant occupant on the premises of a rental dwelling shall be structurally
sound and be maintained in good repair and appearance. The exterior of the
structures shall be made weather resistant through the use of decay- resistant
materials such as paint or other preservatives.
q. Smoke detectors and carbon monoxide detectors required. All rental dwelling units
shall be provided with approved smoke detectors and carbon monoxide detectors
and shall be installed in accordance with the State Building Code.
r. Drinking water. The property owner of rental dwelling units having domestic water
supplied by a private well must provide a test result of the water from a lab
certified by the Minnesota Department of Health at the time of application for
initial license and retested with each license renewal every three years thereafter or
earlier upon change of property ownership. The domestic water supply must meet
the standards as established by Minn. Rules Part 4720.0350 for arsenic, nitrates,
and coliform bacteria.
Maintenance of exterior siding and paint. The exterior of each building shall be
kept in good repair, weather -tight and shall not be in a dilapidated condition.
Painted surfaces shall be kept in good condition. Facades with paint that is peeling,
chipping or otherwise not adhering to the applied surface shall be repainted with
colors consistent and compatible with the remainder of the building and as follows:
(1) Facades where less than 10 percent of the surfaces are affected, but the affected
areas are concentrated, the affected areas shall be repainted.
(2) Facades where 10 percent or more of the surfaces are affected shall be
repainted in their entirety.
t. Maintenance of interior paint. The interior paint of each building shall be kept in
good repair and shall not have paint that is peeling, chipping or otherwise not
adhering to the applied surface shall be repainted or, in the case of exposed lead
paint, remediated according to Minnesota Rules Chapter 4761.
Subd. 3. Pre- existing structural deficiencies exempt. The following are pre - existing deficiencies
and shall be exempt from compliance with the code; provided, that the pre- existing
deficiencies were in compliance with a building code at the time of construction or
do not pose a hazard. The pre- existing deficiencies shall include, but are not limited
to:
a. Ceiling height. Any existing habitable room with less than a seven and one -half
foot ceiling height shall be considered a pre- existing deficiency which is beyond
reasonable correction.
b. Superficial floor areas. Any existing habitable room of less than 90 square feet
shall be considered a pre - existing deficiency and beyond reasonable correction.
c. Natural light and ventilation. Any existing habitable room with window area less
than 10% of the floor area shall be considered a pre- existing deficiency beyond
reasonable correction but in no case shall the required natural light and ventilation
be less than 5% of the floor area.
Subd. 4. Correction of immediate hazards. No occupancy shall be permitted of any dwelling unit
if vacant and an immediate hazard exists. If the dwelling unit is occupied and an
immediate hazard exists, immediate corrective action shall be taken by the
occupant, owner, agent of the owner or other responsible persons. The dwelling
unit may be ordered vacated if no immediate corrective action is taken and the
occupant, owner, agent of the owner or other responsible person fail to comply with
any order to correct any immediate hazard. Immediate hazards to health and safety
for human occupancy shall include but not be limited to the following:
a. Heating systems that are unsafe due to: burned out or rusted heat exchangers (fire
box); burned out or plugged flues; no vent; connection with unsafe gas supplies; or
lack of temperature and pressure relief valves;
b. Water heaters that are unsafe due to: burned out or rusted heat exchangers (fire
box); burned out, rusted or plugged flues; no vent; connection with unsafe gas
supplies; or lack of temperature and pressure relief valves;
Electrical systems that are unsafe due to: dangerous overloading; damaged or
deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated
wires; distribution systems of extension cords or other temporary methods;
ungrounded systems;
d. Plumbing systems that are unsanitary due to: leaking waste systems, fixtures and
traps; lack of a water closet; lack of washing and bathing facilities; cross
connection of pure water supply with fixtures or sewage lines; or the lack of water;
Structural systems, walls, chimneys, ceilings, roofs, foundations and floor systems
that will not safely carry imposed loads;
f. Refuse, garbage, human waste, decaying vermin or other dead animals, animal
waste, other materials rendering residential buildings and structures unsanitary for
human occupancy, including lack of light and air;
g. Infestation of rats, insects and other vermin.
h. Domestic water used primarily for consumption which exceeds the safe drinking
water standards contained in Minn. Rules Part 4720.0350 as may be amended from
time to time for arsenic, nitrates, and coliform bacteria, must be brought into
compliance by the property owner before a rental license is issued.
1004.05 INSPECTIONS.
Subd. 1. Purpose. The purpose of this section is to establish standards for a program of
inspections meant to improve and maintain the overall rental housing in the city.
Housing inspections do not indicate compliance with any inspectional program
other than that of the city. Inspections are made as a public service and do not
constitute any representation, guarantee or warranty to any person as to the
conditions of the building inspected. The city does not assume any responsibility or
liability in connection with the inspection and issuance of the license required by §
1004.03 of this chapter.
Subd. 2. Initial compliance inspection. Prior to issuance of a license to operate a rental dwelling
unit, the Compliance Official and the Fire Inspector (as may be applicable) shall
inspect the premises for compliance with this chapter. A record of the inspection
shall be kept on file at the City Hall. The compliance inspection must occur within
30 days of the application (either for a new license or renewal) or the application
shall be considered void.
Subd. 3. Reinspection required. All rental dwelling units shall be reinspected for compliance
with this chapter a minimum of once every three years with license renewal.
Subd. 4. Complaints inspections. Inspections shall be made at any time upon receipt of a
complaint wherein the complainant leaves their name, address and telephone
number. Inspections will not be made based upon anonymous complaints.
Subd. 5. Permission of the tenant shall be requested before a rental unit is entered. If the tenant
refuses to permit the inspector to enter, the inspector is authorized to obtain an
administrative search warrant before making the inspection.
1004.06 SHORT -TERM RENTAL PROHIBITED.
Subd. 1. Purpose. The City finds that short -term rentals located in residential zoning districts
constitute commercial use of residential property, conflict with the residential character
of residential zoning districts, disrupt the residential character of neighborhoods, and
have a negative impact on the livability of residential neighborhoods. The City has
received complaints from residents regarding short -term rentals, including complaints
related to noise, over - occupancy, and illegal parking. Studies have reported that short -
term rentals can render a significant number of housing units unavailable for long -term
residents and can raise the cost of housing. To ensure adequate housing options for
residents, preserve the residential character of the City's residential districts, preserve
property values, and reduce land use conflicts, the City determines, in furtherance of
the public health, safety and general welfare, it is necessary to limit short -term rentals
to hotels, motels, lodging establishments and similar accommodations which are
appropriately zoned and have the appropriate infrastructure and services for short -term
use.
Subd. 2. Prohibition. Short -term rental of any dwelling or dwelling unit to a transient for less
than thirty (30) consecutive days in a residential zoning district is prohibited. State
licensed hotels, motels and lodging establishments located outside residential districts
or residential planned unit development districts are allowed, pursuant to applicable
City codes.
Subd. 3. Enforcement. An owner, operator, tenant or occupant of any building or property in
violation of the provisions of this section may be charged and. found guilty of a
misdemeanor and may be held responsible for the cost of enforcement in addition to
penalties.
The City may exercise any and all remedies at law or in equity to ensure compliance
with this section. All unpaid costs, charges and penalties may be certified as a special
assessment levy against the property.
Subd. 1. Unfit for human habitation.
a. Any rental dwelling or rental dwelling unit, which is damaged, decayed,
dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provision
for basic illumination, ventilation or sanitary facilities to the extent that the defects
create a hazard to the health, safety or welfare of the occupants or of the public may
be declared unfit for human habitation. Whenever any rental dwelling or rental
dwelling unit has been declared unfit for human habitation, the Compliance
Official shall order same vacated within a reasonable time and shall post a placard
on same indicating that it is unfit for human habitation and any license previously
issued for the dwelling shall be revoked.
b. It shall be unlawful for the rental dwelling or rental dwelling unit to be used for
human habitation until the defective conditions have been corrected and written
approval has been issued by the Compliance Official. It shall be unlawful for any
person to deface or remove the declaration placard from any rental dwelling or
rental dwelling unit.
Subd. 2. Secure unfit and vacated dwellings. The owner of any rental dwelling or rental dwelling
unit which has been declared unfit for human habitation, or which is otherwise
vacant for a period of 60 days or more, shall make same safe and secure so that it is
not hazardous to the health, safety and welfare of the public and does not constitute
a public nuisance. Any vacant dwelling open at doors, or windows, if unguarded,
shall be deemed to be a hazard to the health, safety and welfare of the public and a
public nuisance.
Subd. 3. Hazardous building declaration. In the event that a rental dwelling has been declared
unfit for human habitation and the owner has not remedied the defects within a
prescribed reasonable time, the dwelling may be declared a hazardous building and
be abated by repair, rehabilitation, demolition or removal in accordance with the
procedure specified in M.S. §§ 463.15 et seq., related to hazardous and substandard
buildings.
Subd. 4. Compliance order.
a. Whenever the Compliance Official determines that any rental dwelling, or rental
dwelling unit or the premises surrounding any of these, fails to meet the provisions
of this chapter, he or she may issue a compliance order setting forth the violations
of the ordinance and ordering the owner, occupant, operator or agent to correct the
violations.
b. This compliance order shall:
(1) Be in writing;
(2) Describe the location and nature of the violations of this chapter;
(3) Establish a reasonable time for the correction of the violation and notify of
appeal recourse;
(4) Be served upon the owner or its agent or the occupant, as the case may require,
and the notice shall be deemed to be properly served upon the owner or agent,
or upon any occupant, if a copy thereof is:
(a) Served upon the owner, agent or occupant personally; or
(b) Served upon the property; or
(c) Sent by first class mail to the owner's, agents', or occupant's last known
address.
Subd. 5. Right of appeal. When it is alleged by any person to whom a compliance order is
directed that the compliance order is based upon erroneous interpretation of this
chapter, the person may appeal the compliance order to the City Council sitting as a
Board of Appeals. The appeals must be in writing, must specify the grounds for the
appeal, must be accompanied by a filing fee, as set forth by resolution of the City
Council, from time to time, in cash or cashier's check, and must be filed with the
Planning Department within ten business days after service of the compliance
order. The filing of an appeal shall stay all proceedings in furtherance of the action
appealed from, unless a stay would cause imminent peril to life, health or property.
Subd. 6. Board of Appeals decision. Upon receipt of an appeal of a compliance order a hearing
shall be held before the City Council, serving as the Board of Appeals, at a
regularly scheduled meeting. The Board of Appeals shall make a determination
concerning the validity of the appeal. The Board of Appeals may reverse, modify or
affirm, in whole or in part, the compliance order and may order return of all or part
of the filing fee if the appeal is upheld.
Subd. 7. Restrictions on transfer of ownership. It shall be unlawful for the owner of any rental
dwelling, or rental dwelling unit, upon whom a pending compliance order has been
served to sell, transfer, mortgage, lease or otherwise dispose thereof to another
person until the provisions of the compliance order have been complied with,
unless the owner shall furnish to the grantee, lessee or mortgagee a copy of any
notice of violation or compliance order and shall obtain and possess a receipt of
acknowledgment. Anyone securing an interest in the rental dwelling, or rental
dwelling unit, who has received notice of the existence of a violation compliance
order shall be bound by same without further service of notice upon the person and
shall be liable to all penalties and procedures provided by this chapter.
Subd. 8. License suspension or revocation. A license issued under the provisions of this chapter
shall be subject to suspension or revocation by the City Council for violation of any
provisions of the Shorewood City Code or laws of the state as outlined in section
1004.03 Subd. 10 of this Chapter. In the event that a license is suspended or
revoked by the City Council for just cause, it shall be unlawful for the owner or its
duly authorized agent to thereafter permit any new occupancy of a vacant or
thereafter vacated rental unit until the time as a valid license may be restored by the
City Council.
Subd. 9. Alternative sanctions. Whenever the Compliance Official determines that any rental
dwelling, or rental dwelling unit, or the premises surrounding any of these fails to
meet the requirements set forth in this chapter, the Compliance Official may issue a
violation letter summoning the responsible person into court or request the issuance
of a criminal complaint and arrest warrant.
Subd. 10. Conflicts. Any conflict between any provisions of this chapter and any term of a
contractual relationship between a landlord and a tenant shall be resolved in favor
of this chapter.
Subd. 11. Penalties. Failure to comply with a compliance order after right of appeal has expired
or violation of any of the provisions of this chapter shall be a misdemeanor. Each
day that a violation continues shall be deemed a separate punishable offense.
Subd. 12. Separability. Every section, provision or part of this chapter is declared separable from
every other section, provision or part to the extent that if any section, provision or
part of the ordinance shall be held invalid, it shall not invalidate any other section,
provision or part thereof.
Section 2. This Ordinance shall be in full force and effect upon publication in the
Official Newspapers of the City of Shorewood.
V4
AD TE BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this "°day
of 17.
Sandie Thone, City Clerk
Klim! i
AN ORDINANCE AMENDING THE SHORE WOOD CITY CODE AS IT PERTAINS TO
ZONING REGULATIONS FOR VARIANCES AND APPEALS
Section 1. City Code Chapter 1201.05 is hereby amended as follows:
1201.05 ADMINISTRATION, VARIANCES AND APPEALS.
Subd. 1. Purpose. The purpose of this section is to provide for:
a. Administrative Appeal. An appeal process where it is alleged that there is
an error in any order, requirement, decision or determination by an
administrative officer in the enforcement of this chapter.
b. Variance. A variance process to allow deviations from the strict provisions
of this chapter including those placed on nonconformities. The variance
process is neither appropriate nor applicable to allow a use on a property
that is not permitted in the zoning district.
Subd. 2. Administrative Appeal. An appeal shall only be applicable to an interpretation of
legislative intent of provisions of this Chapter and shall be submitted to the Zoning
Administrator as indicated below.
a. Filing. The request for an appeal shall be submitted in writing and:
(1) Submitted by the property owner or their agent and include contact
information for both parties.
(2) State the specific grounds upon which the appeal is made.
(3) Filed within 14 days of the date the administrative decision was
mailed or sent by electronic mail.
(4) Include the fee as required by Section 1301.02.
b. Notice to Appellant. The Zoning Administrator shall notify the appellant
of the date and time of the Planning Commission and City Council meetings
where the request will be heard.
C. Stay of Proceedings. An appeal stays all proceedings and the furtherance
of the action being appealed, unless a stay would cause imminent peril to
life and property.
d. Planning Commission action. The Planning Commission shall review the
appeal at a public meeting, at which time the appellant or a representative
thereof may appear to answer questions concerning the request.
(1) The Planning Commission shall consider possible adverse effects of
the appeal.
(2) The Planning Commission shall make a finding of fact and may
recommend any actions or conditions relating to the request as they
deem necessary to carry out the intent and purpose of this chapter.
The recommendation of the Planning Commission shall be
forwarded to the City Council at a regularly scheduled meeting.
C. City Council action. Upon receiving the request and any report or
recommendation of the Planning Commission and the city staff, the City
Council shall make a recorded finding of fact within the time allowed by
Minnesota Statute. Action on the request shall require passage by a simple
majority vote of a quorum of the City Council.
f. Decision. The Zoning Administrator shall send the appellant a copy of the
final order of the City Council by mail.
g. Appeal of Council Action. Any person(s) aggrieved by any decision of the
Board shall have the right to seek review of the decision with a court of
record in the manner provided by the laws of the State of Minnesota, and
particularly Minnesota Statutes, Chapter 462, as such statutes may be from
time to time amended, supplemented or replaced.
Subd.3. Variances.
a. Criteria. In considering all requests for a variance and in taking subsequent
action, the city staff, the Planning Commission and the City Council, serving as the
Board of Adjustments and Appeals, may approve a variance application upon
finding that all of the following criteria, as applicable, are met:
(1) The variance, and its resulting construction and use, is consistent
with the intent of the comprehensive plan and in harmony with the
general purposes and intent of this Chapter.
(2) The applicant has established that there are practical difficulties in
complying with this Chapter. Practical difficulties mean:
(a) The property owner proposes to use the property in a
reasonable manner not permitted by this Chapter.
(b) The plight of the landowner is due to circumstances unique
to the property not created by the landowner.
(c) The variance, if approved, would not alter the essential
character of the locality.
(3) The variance would not be based exclusively on economic
considerations.
(4) The variance shall not impair an adequate supply of light and air to
adjacent property, unreasonably increase the congestion in the
public street, or increase the danger of fire or endanger the public
safety.
(5) The variance, and its resulting construction or project, would not be
detrimental to the public welfare, nor would it be injurious to other
land or improvements in the neighborhood.
(6) The variance is the minimum variance necessary to address or
alleviate the practical difficulties.
b. Procedure.
(1) Application. Requests for variances, as provided within this chapter,
shall be filed with the Zoning Administrator on an official
application form. The application shall be accompanied by a fee as
provided for by City Council resolution. The application shall also
be accompanied by three copies of a survey signed by a land
surveyor licensed in the State of Minnesota, and detailed written and
graphic materials fully explaining the proposed change,
development or use, and a mailing list, mailing labels, and a map of
all property owners located within 500 feet of the subject property
obtained from Hennepin County.
(2) Staff review /technical assistance reports. Upon receipt of an
application for variance, the Zoning Administrator, or designee,
may request additional information or may obtain outside expert
advice at the consent and expense of the applicant. When all
informational requirements have been complied with, the request
shall be considered officially submitted. The Zoning Administrator,
or designee, shall prepare technical reports and /or provide general
assistance in preparing a recommendation on the request to the
Planning Commission and City Council.
(3) Public meeting. Upon official submission of the request, the Zoning
Administrator shall schedule a public meeting on the request for a
regularly scheduled Planning Commission meeting occurring at
least ten days from the date written notification of the public meeting
is sent to all property owners within 500 feet of the boundary of the
subject property. Failure of a property owner to receive the notice
shall not invalidate any proceedings as set forth within this chapter.
(4) Planning Commission action. The Planning Commission shall
conduct the public meeting, at which time the applicant or a
representative thereof may appear to answer questions concerning
the proposed request. The Planning Commission shall also take
public testimony.
(a) The Planning Commission shall consider possible adverse
effects of the variance. In the case of a variance request, the
Planning Commission's judgment shall be based upon (but
not limited to) the conditions set forth in subdivision 3 a. of
this section.
(b) The Planning Commission and city staff shall have the
authority to request any additional information from the
applicant deemed necessary to establish performance
conditions pertaining to the request with the consent and at
the expense of the applicant.
(c) The Planning Commission shall make a finding of fact and
recommend the actions or conditions relating to the request
as they deem necessary to carry out the intent and purpose
of this chapter. The recommendation shall be in writing and
accompanied by any report and recommendation of the city
staff. The written recommendation of the Planning
Commission shall be forwarded to the City Council.
(5) Referral to City Council. Upon receipt of the Planning Commission
report and recommendation, the Zoning Administrator shall place
the request and any report or recommendation on the agenda of a
regularly scheduled meeting of the City Council.
(6) City Council action. Upon receiving the request and any report or
recommendation of the Planning Commission and the city staff, the
City Council shall make a recorded finding of fact.
(a) Approval of a request shall require passage by a simple
majority vote of a quorum of the City Council.
(b) The Council may impose any condition it considers
necessary to protect the public health, safety and welfare,
provided such conditions are directly related to and bear a
rough proportionality to the impact of the variance.
(c) Whenever an application for a variance has been considered
and denied by the City Council, a similar application for the
variance affecting substantially the same property shall not
be considered again by the Planning Commission or City
Council for at least six months from the date of its denial;
and a subsequent application affecting substantially the same
property shall likewise not be considered again by the
Planning Commission or City Council for an additional six
months from the date of the second denial, unless a decision
to reconsider the matter is made by not less than a simple
majority vote of a quorum of the City Council.
(7) Lapse of variance. Whenever within one year after granting a
variance, the use as permitted by the variance shall not have been
completed or utilized, then the variance shall become null and void
unless a petition for extension of time in which to complete or to
utilize the use has been granted by the City Council. The extension
shall be requested in writing and filed with the Zoning Administrator
at least 30 days before the expiration of the original variance. There
shall be no charge for the ding of the petition. The request for
extension shall state facts showing a good faith attempt to complete
or utilize the use permitted in the variance. The Zoning
Administrator shall present the request to the City Council for a
decision.
(8) Appeal. Any person aggrieved by any decision of the City Council
shall have the right to seek review of the decision with a court of
record in the manner provided by the laws of the State of Minnesota,
and particularly Minnesota Statutes, Chapter 462.
C. Performance agreement. In the case a variance is approved contingent upon
certain conditions imposed by the Council, the Council may require a performance
agreement to be executed.
(1) The agreement shall be drafted by staff and executed by the
applicant and the City Council. The agreement shall include:
(a) The terms of work and penalties for non - compliance in a
form agreeable to the City Attorney.
(b) Authorize acceptance of a financial guarantee to ensure the
applicant completes the project per plan.
(2) The applicant shall provide the city with a letter of credit or cash
deposit prior to the issuing of building permits or initiation of work
on the proposed improvements or development. The security shall
automatically renew with a minimum of two months' notice prior to
cancellation and shall be used to guarantee conformance and
compliance with the conditions of the variance and the ordinances
of the city.
(3) The financial guarantee shall be in the amount of one and one -half
times the City Engineer's or Building Official's estimated costs of
labor and materials for the proposed improvements or development.
(4) The city shall hold the security until completion of the proposed
improvements or development and a certificate of occupancy
indicating compliance with the variance and ordinances of the city
has been issued by the City Building Official.
(5) Failure to comply with the conditions of the variance and the
ordinances of the city shall result in forfeiture of the security for
action necessary on the part of the city to correct problems or
deficiencies.
Section 2. This Ordinance shall be in full force and effect upon publication in the
Official Newspapers of the City of Shorewood.
(i ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day
of (f �,-Ar� �-WA,-2 017.
ATTEST:
Sandie Thone, City Clerk
ORDINANCE NO. 548
AN ORDINANCE GRANTING TO CENTERPOINT ENERGY RESOURCES
CORPORATION, d/b /a CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT
ENERGY "), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO
CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT
FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF
NATURAL GAS FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC
GROUND OF THE CITY OF SHOREWOOD, MINNESOTA, FOR SUCH PURPOSE;
AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF.
The City Council of Shorewood, Minnesota ordains:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms shall have the following meanings:
City. The City of Shorewood, Hennepin County, State of Minnesota.
City Utility System. Facilities used for providing public utility service owned or operated by the
City an or agency thereof, including sewer, storm sewer, water service, street lighting and traffic
signals, but excluding facilities for providing natural gas, electricity, or other forms of energy.
Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies,
including an agency of the federal government, which preempts all or part of the authority to
regulate natural gas retail rates now vested in the Minnesota Public Utilities Commission.
Company. CenterPoint Energy Resources Corp., d /b /a CenterPoint Energy Minnesota Gas
( "CenterPoint Energy ") its successors and assigns including all successors or assigns that own or
operate any part or parts of the Gas Facilities subject to this franchise.
Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas.
Gas Facilities. Natural gas transmission and distribution pipelines, ducts, fixtures, and all necessary
equipment and appurtenances owned or operated by the Company for the purpose of providing
natural gas service for retail or wholesale use.
Notice. A writing served by any party or parties on any other party or parties. Notice to the
Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet
Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to City Administrator, City of
Shorewood, 5755 Country Club Road, Shorewood, MN 55331. Any party may change its
respective address for the purpose of this Ordinance by written notice to the other party.
Public Way. Any public right -of -way within the City as defined by Minnesota Statutes, Section
237.162, subd. 3.
Public Ground. Land owned or otherwise controlled by the City for park, open space or similar
public purpose, which is held for public use which land is not a Public Way.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. The City hereby grants the Company, for a period of 20 years from
the date this Ordinance is passed and approved by the City, the right to import, distribute and sell
Gas Energy for public and private use within and through the limits of the City as its boundaries
now exist or as they may be extended in the future, and also the right to transport Gas Energy
through the limits of the City for use outside the City limits. For these purposes, the Company may
construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways
and Public Grounds, subject to the provisions of this Ordinance. The Company may do all
reasonable things necessary or customary to accomplish these purposes, subject however, to such
reasonable regulations as may be imposed by the City pursuant to a public right -of -way ordinance
or permit requirements, and subject to the further provisions of this Ordinance, as may be amended..
2.2 Effective Date; Written Acceptance. This Ordinance shall be in force and effect from and
after its passage and publication as required by law and its acceptance by Company. If Company
does not file a written acceptance with the City within 60 days after the date the City Council adopts
this Ordinance, or otherwise inform the City, at any time, that the Company does not accept this
Franchise, the City Council by resolution may revoke this Franchise.
2.3. Service and Gas Rates. The terms and conditions of service provided and the rates to be
charged by the Company for natural gas service to its retail and wholesale customers within the City
are subject to the jurisdiction of the Commission.
2.4. Publication Expense. The Company shall pay the expense of publication of this
Ordinance.
2.5. Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute
is not resolved within 30 days of the written Notice, the parties may jointly select a mediator to
facilitate further discussion. The parties will equally share the fees and expenses of this mediator.
If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first
meeting with the selected mediator, either party may commence an action in District Court to
interpret and enforce this Franchise or for such other relief as may be permitted by law or equity.
2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms
of a new franchise ordinance by the time this Ordinance expires, this Ordinance will remain in
effect until a new ordinance is agreed upon, or until 90 days after the City or the Company serves
written Notice to the other party of its intention to allow the Ordinance to expire.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not
to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as
2
not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public
Grounds as determined by the City's permit process. The Company's location and relocation of Gas
Facilities shall be subject to reasonable regulations of the City consistent with authority granted the
City to manage its Public Ways and Public Grounds under state law.
3.2. Street Openings. The Company shall be subject to the requirements of the Shorewood
Right -of -Way Ordinance Title 900. The Company shall not open or disturb the surface of any
Public Way or Public Ground for any purpose without first having obtained a permit from the City,
if required by a separate ordinance. Permit conditions imposed on the Company shall not be more
burdensome than those imposed on other utilities for similar facilities or work. The Company may,
however, open and disturb the surface of any Public Way or Public Ground without a permit if: (i)
an emergency exists requiring the immediate repair of Gas Facilities and (ii) the Company gives
telephone, email or similar notice to the City before commencement of the emergency repair, if
reasonably possible. Within two business days after commencing the repair, the Company shall
apply for any required permits and pay any required fees.
3.3. Restoration. After undertaking any work requiring the opening of any Public Way or
Public Ground, the Company shall restore the Public Way or Public Grounds in accordance with
Minnesota Rules, 7819.1100. The Company shall restore the Public Ways and Public Ground to as
good a condition as formerly existed, and shall maintain the Public Ways and Public Ground in
good condition for six months thereafter. All work shall be completed as promptly as weather
permits. If the Company does not promptly perform and complete the work, remove all dirt,
rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the
City shall have, after demand to the Company to cure and the passage of a reasonable period of time
following the demand, not to exceed five days, the right to make the restoration of the Public Way
and Public Ground at the expense of the Company. The Company shall pay to the City the cost of
such work done for or performed by the City. This remedy shall be in addition to any other remedy
available to the City for noncompliance with this Section 3.3.
3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent
the Gas Facilities from causing damage to persons, property, Public Ways and Public Grounds. The
Company must take reasonable measures to protect the Gas Facilities from damage that could be
inflicted on such facilities by persons, property, or the elements.
3.5. Notice of Improvements to Streets. The City will give Company reasonable written
Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to
believe that Gas Facilities may affect or be affected by the improvement. The notice will contain:
(i) the nature and character of the improvements, (ii) the Public Ways and Public Ground upon
which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the
City will start the work, and (v) if more than one Public Way or Public Ground is involved, the
order in which the work is to proceed. The notice will be given to the Company a sufficient length
of time, considering seasonal working conditions, in advance of the actual commencement of the
work to permit the Company to make any additions, alterations or repairs to its Gas Facilities the
Company deems necessary.
3.6 Mapping Information. If requested by the City, the Company must promptly provide
complete and accurate mapping information for any of its Gas Facilities in accordance with the
requirements of Minnesota Rules, parts 7819.4000 and 7819.4100.
SECTION 4. RELOCATIONS.
4.1. Relocation of Gas Facilities in Public Ways. The Company shall comply with Minnesota
Rules, part 7819.3100 and applicable City ordinances with respect to the relocation of Gas Facilities
within the Public Way or on Public Ground.
4.2. Relocation in Public Grounds. City may require Company at Company's expense to
relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas
Facilities have become or will become a substantial impairment to the existing or proposed public
use of the Public Ground. Relocation shall comply with applicable city ordinances consistent with
law. Nothing in this Section 4.2 shall be construed so as to invalidate or impair any existing
company easements in Public Grounds.
4.3. Projects with Federal Funding. Relocation, removal, or rearrangement of any Gas
Facilities made necessary because of the extension into or through the City of a federally -aided
highway project shall be governed by the provisions of Minnesota Statutes, Section 161.45 and
161.46.
SECTION 5. INDEMNIFICATION.
5.1. Indemnity of City. The Company shall indemnify and hold the City harmless from any
and all liability, on account of injury to persons or damage to property occasioned by the
construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas
Facilities located in the Public Ways and Public Grounds. The Company is not responsible for
indemnifying the City for losses or claims occasioned through the City's negligence, but is
obligated to indemnify the City for losses or claims arising out of or alleging the City's negligence
as to the City's issuance of permits for, or inspection of, the Company's plans or work.
5.3. Defense of City. In the event a suit is brought against the City under circumstances where
the Company is required to indemnify the City, the Company at its sole cost and expense shall
defend the City in such suit if written Notice thereof is promptly given to Company within a period
wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify
and defend, it will thereafter have control of such litigation, but Company may not settle such
litigation without the consent of the City, which consent shall not be unreasonably withheld. This
section is not, as to third parties, a waiver of any defense or immunity otherwise available to the
City. The Company, in defending any action on behalf of the City, shall be entitled to assert every
defense or immunity that the City could assert on its own behalf. The Company's defense of the
City shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or
limitations on liability under Minnesota Statutes, Chapter 466 or any other law.
0
SECTION 6. VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS.
The City shall give the Company at least two weeks prior written notice of a proposed vacation of a
Public Way or Public Grounds, The City and the Company shall comply with Minnesota Rules,
part 7819.3100 and 7819.3200 with respect of any request for vacation.
SECTION 7. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this Ordinance.
Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of
the rights and obligations of the City provided in this Ordinance.
SECTION 8. FRANCHISE FEE.
8.1. Form. During the term of the franchise hereby granted, the City may charge the Company a
franchise fee. The Company will administer the collection and payment of franchise fees to City in
lieu of permit fees, or other fees that may otherwise be imposed on the Company in relation to its
operations as a public utility in the City. The franchise fee will be collected on a flat per meter
basis, or by some other method that is mutually acceptable to both City and Company for each retail
customer within the corporate limits of the City. The amount of the fee collected may differ for
each customer class. The City will use a formula that provides a stable and predictable amount of
fees, without placing the Company at a competitive disadvantage. Such fee shall not exceed any
amount that the Company may legally charge to its customers prior to payment to the City. If the
Company claims that the City required fee formula is discriminatory or otherwise places the
Company at a competitive disadvantage, the Company will provide a formula that will produce a
substantially similar fee amount to the City. If the City and Company are unable to agree, the
disagreement shall be subject to the Dispute Resolution provisions of this Ordinance.
8.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly
adopted by the City Council. The effective date of the franchise fee ordinance shall be no less than
ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance
has been served upon the Company by Certified mail. The Company is not required to collect a
franchise fee if the terms of the fee agreement are inconsistent with this franchise or state law,
provided the Company notifies the City Council of the same within the ninety (90) day period.
8.3 Condition of Fee. The separate ordinance imposing the fee shall not be effective against
the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale
of energy within the City by any other energy supplier, provided that, as to such supplier, the City
has the authority or contractual right to require a franchise fee or similar fee through a previously
agreed upon franchise.
8.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during
complete billing months of the period for which payment is to be made. The franchise fee formula
may be changed from time to time, however, the change shall meet the same notice and acceptance
requirements and the fee may not be changed more often than annually. Such fee shall not exceed
any amount that the Company may legally charge to its customers prior to payment to the City.
Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds
incurred by the Company. The Company agrees to make available for inspection by the City at
I
reasonable times all records necessary to audit the Company's determination of the franchise fee
payments.
8.5 Continuation of Franchise Fee. If this franchise expires and the City and the Company are
unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at
the time this franchise expires, will remain in effect until a new franchise is agreed upon
notwithstanding the franchise expiration as provided in Section 2 above.
SECTION 9. ABANDONED FACILITIES.
The Company shall comply with Minnesota Statutes, Sections 216D.01 et seq. and Minn. Rules
part 7819.3300 with respect to abandoned facilities located in Public Ways and Public Grounds,
as those laws may be amended from time to time. The Company shall maintain records
describing the exact location of all abandoned and retired Gas Facilities within the Public Ways
and Public Grounds, and produce such records at the City's request and comply with the location
requirements of Section 216D.04 with respect to all Gas Facilities, including abandoned and
retired Facilities.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1. Severability. Every section, provision, or part of this Ordinance is declared separate
from every other section, provision, or part; and if any section, provision, or part shall be held
invalid, it shall not affect any other section, provision, or part. Where a provision of any other
City ordinance is inconsistent with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail.
10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between
the City and Company as the only parties. No provision herein shall in any way inure to the
benefit of any third person (including the public at large) so as to constitute any such person as a
third party beneficiary or of any one or more of the terms hereof, or otherwise give rise to any
cause of action to any third person.
SECTION 11. AMENDMENT PROCEDURE.
Either party may propose at any time that this Franchise Ordinance be amended, subject, however,
to the City's police power and franchise rights under Minnesota Statutes, Sections 21613.36 and
30113.01, which rights are not waived hereby. This Franchise Ordinance may be amended by the
City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory
ordinance shall become effective upon the filing of Company's written consent thereto with the City
Clerk within 60 days after the effective date of the amendatory ordinance.
Passed by the City Counc'1 of (�� Minnesota this " day of
��� ��
,20
Mayo
0
Attested:
City Clerk
ORDINANCE NO. 549
CITY OF SHOREWOOD
AN ORDINANCE OF THE CITY OF SHOREWOOD IMPLEMENTING A
NATURAL GAS SERVICE FRANCHISE FEE FOR PROVIDING NATURAL
GAS SERVICE WITHIN THE CITY OF SHOREWOOD, HENNEPIN COUNTY,
MINNESOTA
The City Council of the City of Shorewood hereby ordains as follows:
Section 1. Purpose. The Shorewood City Council has determined that it is in the best
interest of the City to impose franchise fees on the utility company that provides natural
gas service within the rights -of- -way of the City. Pursuant to Minnesota Statutes, Section
21613.36 and the Franchise Ordinance, the City has the authority and right to impose
franchise fees on the Company. The purpose of this ordinance is to establish such
franchise fees to be paid to the City by the Company. The franchise fees will be used to
partially fund the Cities cost to maintain the city street system.
Section 2. Definitions.
For the purposes of this Ordinance, the following capitalized terms shall have the
following meanings:
2.1 City. The City of Shorewood, County of Hennepin, State of Minnesota.
2.2 Company. CenterPoint Energy Resources Corp.; dba CenterPoint Energy
Minnesota Gas, its successors and assigns.
2.3 Franchise Ordinance. The franchise ordinance adopted by the City on
November 13, 2017, City Ordinance No. 548.
2.4 Notice. "Notice" means a writing served by any party or parties on any other
party or parties. Notice to CenterPoint Energy shall be mailed to: CenterPoint
Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, MN
55402.
Notice to City shall be mailed to the City Administrator, City of Shorewood, 5755
County Club Road, Shorewood, MN 55331 -8926.
Section 3. Natural Gas Franchise Fee.
3.1 Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on
the Company as described below, and in accordance with the following fee
schedule:
1
4852-6913-2619,1
Customer Classification
Residential
Com —A
SVDF -A
SVDF -B
LG (Dual Fuel or Firm)
Com /Ind -B
Com /Ind -C
3.2 Account Fee.
Amount per Account per Month ($)
$ 4.00
$ 4.00
$ 4.00
$ 4.00
$ 4.00
$10.00
$25.00
a) This fee is an account based fee and not a meter based fee. In the event that an
entity covered by this ordinance has more than one meter, but only one
account, only one fee shall be assessed to that account. In the event any
entities covered by this ordinance have more than one account, each account
shall be subject to the appropriate fee. In the event a question arises as to the
proper fee amount for any account, the highest possible fee amount shall
apply.
c) Separately metered space rented to tenants other than the owner shall pay a
fee for each tenant meter.
3.3 Payment. Franchise fees are to be collected by the Company commencing with
the beginning of the billing month that occurs ninety days following notice to the
Company, consistent with the Minnesota Public Utility Commission's March 23,
2011 Order establishing franchise fee filing requirements in Docket No.
E,G999 /CI -09 -970, and submitted to the City in accordance with the following
schedule, provided that the notice and publication requirements in Section 3.7
below have been met:
January — March collections due by April 30.
April — June collections due by July 31.
July — September collections due by October 31.
October — December collections due by January 31.
3.4 Record Support for Payment. The Company shall make each payment when
due and, if requested by the City, shall provide a statement summarizing how the
franchise fee payment was determined, including information showing any
adjustments to the total made to account for any non - collectible accounts, refunds
or error corrections. The Company shall permit the City, and its representatives,
access to the Company records for the purpose of verifying such statements.
2
4852- 6913 - 2619.1
3.5 Payment Adjustments. Payment to the City will be adjusted where the
Company is unable to collect the franchise fee. This includes non - collectible
accounts.
3.6 Surcharge. The City recognizes that the Minnesota Public Utilities Commission
may allow the Company to add a surcharge to customer rates of city residents to
reimburse the Company for the cost of the fee.
Section 4. Dispute Resolution. If either party asserts that the other party is in default
in the performance of any obligation hereunder, the complaining party shall notify
the other party of the default and the desired remedy. The notification shall be
written. Representatives of the parties must promptly meet and attempt in good faith
to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days
of the written Notice, the parties may jointly select a mediator to facilitate further
discussion. The parties will equally share the fees and expenses of this mediator. If
a mediator is not used or if the parties are unable to resolve the dispute within 30
days after first meeting with the selected mediator, either party may commence an
action in District Court to interpret and enforce this Franchise or for such other relief
as may be permitted by law or equity.
Section 5. Effective Date of Franchise Fee. The effective date of this Ordinance
shall be after its publication and ninety (90) days or more after sending written
notice enclosing a copy of this adopted Ordinance to Company by certified mail.
Collection of the fee shall commence as provided above.
Section b. Relation to Franchise Ordinances. This ordinance is enacted in
compliance with the Franchise Ordinance and shall be interpreted as such.
Section 7. Periodic Review. The City Council shall review this ordinance every
two years in whatever manner the City Administrator then determines to be
appropriate. Failure to review this ordinance shall not in any way invalidate or
limit it.
Section 8. Publication. That this Ordinance shall be published and take effect as
provided by law.
Adopted this day of , 2017 by the City Council of the City of
Shorewood.
Scott'' erby
Mayor
4852 -6913- 2619.1
Sandie Thone
City Clerk
4852- 6913 - 2619.1
ORDINANCE NO. 549 (revised)
CITY OF SHOREWOOD
AN ORDINANCE OF THE CITY OF SHOREWOOD IMPLEMENTING A
NATURAL GAS SERVICE FRANCHISE FEE FOR PROVIDING NATURAL
GAS SERVICE WITHIN THE CITY OF SHOREWOOD, HENNEPIN COUNTY,
MINNESOTA
The City Council of the City of Shorewood hereby ordains as follows:
Section 1, Purpose. The Shorewood City Council has determined that it is in the best
interest of the City to impose franchise fees on the utility company that provides natural
gas service within the rights -of -way of the City. Pursuant to Minnesota Statutes, Section
21613.36 and the Franchise Ordinance, the City has the authority and right to impose
franchise fees on the Company. The purpose of this ordinance is to establish such
franchise fees to be paid to the City by the Company. The franchise fees will be used to
partially fund the Cities cost to maintain the city street system.
Section 2. Definitions.
For the purposes of this Ordinance, the following capitalized terms shall have the
following meanings:
2.1 City. The City of Shorewood, County of Hennepin, State of Minnesota.
2.2 Company. CenterPoint Energy Resources Corp.; dba CenterPoint Energy
Minnesota Gas, its successors and assigns.
2.3 Franchise Ordinance. The franchise ordinance adopted by the City on
November 13, 2017, City Ordinance No. 548.
2.4 Notice. "Notice" means a writing served by any party or parties on any other
party or parties. Notice to CenterPoint Energy shall be mailed to: CenterPoint
Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, MN
55402.
Notice to City shall be mailed to the City Administrator, City of Shorewood, 5755
County Club Road, Shorewood, MN 55331 -8926.
Section 3. Natural Gas Franchise Fee.
3.1 Franchise Fee Statement and Schedule.
the Company as described below, and
schedule:
1
4852 -6913- 2619.1
A franchise fee is hereby imposed on
in accordance with the following fee
Customer Classification Amount per Account per Month ($)
Residential
$ 4.00
Corn — A
$ 4.00
Cam /Ind -B
$10.00
Com /Ind -C
$25.00
SVDF -A
$25.00
SVDF -B
$25.00
LG (Dual Fuel or Firm)
$25.00
3.2 Account Fee.
a) This fee is an account based fee and not a meter based fee. In the event that an
entity covered by this ordinance has more than one meter, but only one
account, only one fee shall be assessed to that account. In the event any
entities covered by this ordinance have more than one account, each account
shall be subject to the appropriate fee. In the event a question arises as to the
proper fee amount for any account, the highest possible fee amount shall
apply.
c) Separately metered space rented to tenants other than the owner shall pay a
fee for each tenant meter.
3.3 Payment. Franchise fees are to be collected by the Company commencing with
the beginning of the billing month that occurs ninety days following notice to the
Company, consistent with the Minnesota Public Utility Commission's March 23,
2011 Order establishing franchise fee filing requirements in Docket No.
E,G999/C1 -09 -970, and submitted to the City in accordance with the following
schedule, provided that the notice and publication requirements in Section 3.7
below have been met:
January — March collections due by April 30.
April — June collections due by July 31.
July — September collections due by October 31.
October — December collections due by January 31.
3.4 Record Support for Payment. The Company shall make each payment when
due and, if requested by the City, shall provide a statement summarizing how the
franchise fee payment was determined, including information showing any
adjustments to the total made to account for any non - collectible accounts, refunds
or error corrections. The Company shall permit the City, and its representatives,
access to the Company records for the purpose of verifying such statements.
2
4852- 6913- 2619,1
3.5 Payment Adjustments. Payment to the City will be adjusted where the
Company is unable to collect the franchise fee. This includes non - collectible
accounts.
3.6 Surcharge. The City recognizes that the Minnesota Public Utilities Commission
may allow the Company to add a surcharge to customer rates of city residents to
reimburse the Company for the cost of the fee.
Section 4. Dispute Resolution. If either party asserts that the other party is in default
in the performance of any obligation hereunder, the complaining party shall notify
the other party of the default and the desired remedy. The notification shall be
written. Representatives of the parties must promptly meet and attempt in good faith
to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days
of the written Notice, the parties may jointly select a mediator to facilitate further
discussion. The parties will equally share the fees and expenses of this mediator. If
a mediator is not used or if the parties are unable to resolve the dispute within 30
days after first meeting with the selected mediator, either party may commence an
action in District Court to interpret and enforce this Franchise or for such other relief
as may be permitted by law or equity.
Section 5. Effective Date of Franchise Fee. The effective date of this Ordinance
shall be after its publication and ninety (90) days or more after sending written
notice enclosing a copy of this adopted Ordinance to Company by certified mail.
Collection of the fee shall commence as provided above.
Section 6. Relation to Franchise Ordinances. This ordinance is enacted in
compliance with the Franchise Ordinance and shall be interpreted as such.
Section 7. Periodic Review. The City Council shall review this ordinance every
two years in whatever manner the City Administrator then determines to be
appropriate. Failure to review this ordinance shall not in any way invalidate or
limit it.
Section 8. Publication. That this Ordinance shall be published and take effect as
provided by law.
Adopted this ay of , 2017 by the City Council of the City of
Shorewood.
Sco erby
Mayor
3
4852- 6913 - 2619.1
Sandie 'hone
City Clerk
4852 - 6913 - 26141
November 29, 2017
Daniel Wolf
Executive Secretary
Minnesota Public Utilities Commission
350 Metro Square Building
121 East Seventh Place, Suite 350
St. Paul, Minnesota 55101 -2147
IP►13�77►�7��Ls7► Iel�� 11l1►1�1i
505 Nicollet Mall
P.O. Box 59038
Minneapolis, MN 55459 -0038
CHANGE TARIFF TO UPDATE FRANCHISE FEE IN THE CITY OF SHOREWOOD
G- 999/PR -17 -7
Dear Mr. Wolf:
On March 23, 2011 the Minnesota Public Utilities Commission (PUC) issued an order in Docket
E,G999 /CI -09 -970 that authorized utilities to implement a new or amended franchise fee on
customer's bills without prior Commission approval if certain conditions have been met.
The City of Shorewood recently passed a new franchise fee ordinance. With this filing, CenterPoint
Energy updates its tariff by changing the City of Shorewood franchise fee effective March 1, 2018.
CenterPoint Energy has met the Commission's conditions by doing the following:
a) This filing exceeds the 60 day prior notice requirement. CenterPoint Energy will serve a
copy of the filing on the City of Shorewood.
b) CenterPoint Energy agrees to use the notice language on the first bill on which the new fee
is listed.
The bill message for Shorewood will be
The City of Shorewood granted CenterPoint Energy a franchise to operate within the City
limits. A Gas franchise fee of $x.xx per meter will be collected from customers effective
March 1, 2018. The line item appears on your bill as "City Franchise Fee." CenterPoint
Energy remits 100% of this fee to the City of Shorewood.
The x.xx will change by rate class as shown on the tariff page.
c) The utility will list the fee as a separate line item on the bill each month;
d) The utility has attached copies of the franchise fee ordinance adopted, as required. (See
Attachment C for a copy of City of Shorewood franchise fee ordinance.)
e) The utility has included a revised tariff page listing the new or amended fee in both redline
and final format. (See Attachments A and B.)
f) The utility has included a statement in its tariff that the utility will remit 100 percent of the
fee it collects and has not included any administrative fee or other rate for the utility's costs
of administering the fee. (see Section V, Page 24.)
CenterPoint Energy includes the following as attachments:
Attachment A: CenterPoint Energy Franchise Fee Rider - REDLINE
Section V, Page 24.b
Attachment B: CenterPoint Energy Franchise Fee Rider— FINAL COPY
Section V, Page 24.b
Attachment C: City of Shorewood Franchise Fee Ordinance (4 pages)
If you have any questions regarding the information provided in this filing, please contact me at
Marie .Doyle@centerpointenergy.com or (612) 321 -5078.
Sincerely,
1
Marie M. Doyle
Regulatory Services
Sandie Thone
City Clerk
City of Shorewood
5755 County Club Road
Shorewood, MN. 55331 -8926
Attachment A
Center Point Energy's Franchise Fee Rider
Section V, Page 24.b
1 :11:111110 14
Cart i�ie
Energy
Franchise Fee Rider (continued)
Section V
FifthFoufth Revised Page 24.b
Replacinq FourthThird Revised Page 24.b
Note: Percents are calculated on percent of revenue.
Date Filed: November 29 2017 Effective Date: November 29, 2017
Docket No: G- 999/PR- 17 -7
Issued by: Adam G. Pyles, Director, Regulatory Affairs
Cam -A
Com /Ind B
Small Volume
SVDF B
Large Volume
Less than
1,500 > or
Com /Ind C
Dual Fuel A
>
Firm & Dual
Effective
City
Residential
1,500
< 51000
> 5,000
< 120,000
120,000
Fuel >1,999
Date
therms /yr
therms /yr
therms /yr
therms /yr
therms /yr
therms Peak
Da
Sauk Centre
3%
3 %
3%
3%
3%
3%
3%
07/01/2012
Shakopee
30/.
3%
3%
3%
3%
3%
3%
01/01/2017
Shorewood
4.00
$400
$10.00
25.00
25.00
$25.00
525.00
03/01/2018
Sleepy Eye
2%
2%
2%
2%
2%
2 %
2 %
01/01/1998
Spring Lake
Park
$0.58
$0.61
$1.66
$8.05
$37.00
$50.00
$50.00
04/0112015
St. Augusta
$3.00
$5.00
$5.00
$5.00
$3.00
$3.00
$5.00
01/03/2010
St. Louis
Park
$4.00
$4.00
$8.50
$45.00
$45.00
$45.00
$145.00
02/01/2017
Victoria
$3.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
02/01/2017
Waseca
$1.40
$1.80
$5.00
$16.00
$100.00
$150.00
$300.00
09/01/2010
Winnebago
$1.50
$1.50
$4.25
$10.50
$11.00
$50.00
$75.00
12/1/2011
Winsted
$2.00
$2.00
$2.00
$2.00
$2.00
$2.00
$2.00
04/01/2012
Note: Percents are calculated on percent of revenue.
Date Filed: November 29 2017 Effective Date: November 29, 2017
Docket No: G- 999/PR- 17 -7
Issued by: Adam G. Pyles, Director, Regulatory Affairs
r-lymm
CenterPoint Energy's Franchise Fee Rider
Section V, Page 24.b
Franchise Fee Rider (continued)
Section V
Fifth Revised Page 24.b
Replacing Fourth Revised Page 24.b
Note: Percents are calculated on percent of revenue.
Date Filed: November 29, 2017 Effective Date: November 29, 2017
Docket No: G- 999/PR- 17 -7
Issued by: Adam G. Pyles, Director, Regulatory Affairs
Com -A
Com /Ind B
Small Volume
SVDF B
Large Volume
Less than
1,500 > or
Com /Ind C
Dual Fuel A
>
Firm & Dual
Effective
City
Residential
1,500
< 51000
> 51000
< 120,000
120,000
Fuel >1,999
Date
therms /yr
therms /yr
therms /yr
therms /yr
therms /yr
therms Peak
Da
Sauk Centre
3%
3%
3%
3%
3%
3%
3%
07/01/2012
Shakopee
3%
3%
3%
3%
30/.
3%
3%
01/01/2017
Shorewood
$4.00
$4.00
$1o.00
$25.00
$25.00
$25.00
$25.00
03/01/2018
Sleepy Eye
2%
2%
2%
2%
2%
20/.
2%
01/01/1998
Spring Lake
$0.58
$0.61
$1.66
$8.05
$37.00
$50.00
$50.00
04/01/2015
Park
St. Augusta
$3.00
$5.00
$5.00
$5.00
$3.00
$3.00
$5.00
01/03/2010
St. Louis
Park
$4.00
$4.00
$8.50
$45.00
$45.00
$45.00
$145.00
02/01/2017
Victoria
$3.00
$10.00
$10.00
$10.00
$10.00
$10.00
$10.00
02/01/2017
Waseca
$1.40
$1.80
$5.00
$16.00
$100.00
$150.00
$300.00
09/01/2010
Winnebago
$1.50
$1.50
$4.25
$10.50
$11.00
$50.00
$75.00
12/1/2011
Winsted
$2.00
$2.00
$2.00
$2.00
$2.00
$2.00
$2.00
04/0112012
Note: Percents are calculated on percent of revenue.
Date Filed: November 29, 2017 Effective Date: November 29, 2017
Docket No: G- 999/PR- 17 -7
Issued by: Adam G. Pyles, Director, Regulatory Affairs
City of Shorewood
Ilrdinance 549 (revisedl, 4 pages
ORDINANCE NO. 549 (revised)
CITY OF SHOREWOOD
AN ORDINANCE OF THE CITY OF SHOREWOOD IMPLEMENTING A
NATURAL GAS SERVICE FRANCHISE FEE FOR PROVIDING NATURAL
GAS SERVICE WITHIN THE CITY OF SHOREWOOD, HENNEPIN COUNTY,
MINNESOTA
The City Council of the City of Shorewood hereby ordains as follows:
Section 1, Purpose. The Shorewood City Council has determined that it is in the best
interest of the City to impose franchise fees on the utility company that provides natural
gas service within the rights-of-way of the City. Pursuant to Minnesota Statutes, Section
21613.36 and the Franchise Ordinance, the City has the authority and right to impose
-franchise fees on the Company. The purpose of this ordinance is to establish such
franchise fees to be paid to the City by the Company. The franchise fees will be used to
partially fund the Cities cost to maintain the city street system.
Section 2. Definitions.
For the purposes of this Ordinance, the following capitalized terms shall have the
following meanings:
2.1 City. The City of Shorewood, County of Hennepin, State of Minnesota.
2.2 Company, CenterPoint Energy Resources Corp.; dba CenterPoint Energy
Minnesota Gas, its successors and assigns,
2.3 Franchise Ordinance. The franchise ordinance adopted by the City on
November 13, 2017, City Ordinance No, 548.
2.4 Notice. "Notice" means a writing served by any party or parties on any other
patty or parties. Notice to CenterPoint Energy shall be mailed to: CenterPoint
Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, MN
55402.
Notice to City shall be mailed to the City Administrator, City of Shorewood, 5755
County Club Road, Shorewood, MN 55331-8926.
Section 3. Natural Gas Franchise Fee.
3.1 Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on
the Company as described below, and in accordance with the following fee
schedule:
4852-6913-2619.1
Customer Classification
Residential
Com — A
Com /Ind -B
Com /Ind -C
SVDF -A
SVDF -B
LG (Dual Fuel or firm)
3.2 Account Fee.
Amount per Account er Month ($)
$ 4.00
$ 4.00
$10.00
$25.00
$25.00
$25.00
$25.00
a) This fee is an account based fee and not a meter based fee. In the event that an
entity covered by this ordinance has more than one meter, but only one
account, only one fee shall be assessed to that account. In the event any
entities covered by this ordinance have more than one account, each account
shall be subject to the appropriate fee. In the event a question arises as to the
proper fee amount for any account, the highest possible fee amount shall
apply.
c) Separately metered space rented to tenants other than the owner shall pay a
fee for each tenant meter.
3.3 Payment. Franchise fees arc to be collected by the Company commencing with
the beginning of the billing month that occurs ninety days following notice to the
Company, consistent with the Minnesota Public Utility Commission's March 23,
2011 Order establishing franchise fee filing requirements in Docket No.
E,G999/C1 -09 -970, and submitted to the City in accordance with the following
schedule, provided that the notice and publication requirements in Section 3.7
below have been met;
January — March collections due by April 30.
April — June collections due by July 31.
July — September collections due by October 31.
October — December collections due by January 31.
3.4 Record( Support for Payment. The Company shall make each payment when
due and, if requested by the City, shall provide a statement summarizing how the
franchise fee payment was determined, including information showing any
adjustments to the total made to account for any non - collectible accounts, refunds
or error corrections. The Company shall permit the City, and its representatives,
access to the Company records for the purpose of verifying such statements.
4852 -6913- 2619,1
15 Payment Adjustments, Payment to the City will be adjusted where the
Company is unable to collect the franchise fee, This includes non - collectible
accounts,
3.6 Surcharge. The City recognizes that the Minnesota Public Utilities Commission
may allow the Company to add a surcharge to customer rates of city residents to
reimburse the Company for the cost of the fee.
Section 4. Dispute Resolution. If either party asserts that the other party is in default
in the performance of any obligation hereunder, the complaining party shall notify
the other party of the default and the desired remedy, The notification shall be
written. Representatives of the parties must promptly meet and attempt in good faith
to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days
of the written Notice, the parties may jointly select a mediator to facilitate further
discussion. The parties will equally share the fees and expenses of this mediator. If
a mediator is not used or if the panties are unable to resolve the dispute within 30
days after first meeting with the selected mediator, either party may commence an
action in District Court to interpret and enforce this Franchise or for such other relief
as may be permitted by law or equity.
Section 5. Effective Date of Franchise Fee. The effective date of this Ordinance
shall be after its publication and ninety (90) days or more after sending written
notice enclosing a copy of this adopted Ordinance to Company by certified mail.
Collection of the fee shall commence as provided above.
Section 6. Relation to Franchise Ordinances. This ordinance is enacted in
compliance with the Franchise Ordinance and shall be interpreted as such.
Section 7. Periodic Review. The City Council shall review this ordinance every
two years in whatever manner the City Administrator then determines to be
appropriate, Failure to review this ordinance shall not in any way invalidate or
limit it.
Section 8. Publication. That this Ordinance shall be published and take effect. as
provided by law.
Adopted this clay of 2017 by the City Council of the City of
Shorewood.
Sco erby
Mayor
4852 -6913- 2619.1
Sal�die Thone
City Cleric
4852 -6913- 2619.1
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
AFFIDAVIT OF SERVICE
Marie M. Doyle, being first duly sworn on oath, deposes and says she served the attached letter on
the Minnesota Public Utilities Commission, Minnesota Department of Commerce, the Office of the
Attorney General, and all others on the attached service lists by E- filing or by placing in the U.S. Mail
at the City of Minneapolis. In addition, a copy was sent to the City of Shorewood as required.
/s/
Marie Doyle
Subscribed and sworn to before me
This 29th day of November, 2017
Mary Jo Schuh
Notary Public
My Commission Expires 1/31/20
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Sandie Thone
From: Doyle, Marie M. <marie.doyle @centerpointenergy.com>
Sent: Wednesday, November 29, 2017 3:55 PM
To: Sandie Thone
Cc: Jones, Shane M.
Subject: CenterPoint Energy MN - Franchise Fee Filing made to the State of MN PUC
Attachments: CNP FF Compliance 03 2018 - Shorewood.pdf
Sandie —
Attached is an electronic copy of the filing made to the MN PUC today. The Commission's rules require CenterPoint
Energy to serve the City with a copy, fulfilled with the delivery of this email.
If you'd like a paper copy mailed, let me know. Thanks for clarifying the City's ordinance.
Marie M. Doyle
Regulatory Affairs, 505 Nicollet Mall
CenterPoint Energy
(612) 321 -5078
marie.doyle@centerpointenergV.com